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pushbrk

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Everything posted by pushbrk

  1. pushbrk
    They wouldn't need to mention it for it to be the issue. The NOC is something the Consulate would know about and USCIS would NOT know about normally. But, you included it in your I-129F filing, so THAT would not be new. The Consular Officer may not have noticed it was included though. Anyway, if THAT is the problem, it will not complicate the spouse visa process.
  2. pushbrk
    I don't see this as an issue at all, in an immigrant visa case. Good chance your ESTA privilege is dead now though.
  3. pushbrk
    Correct. Never in 20 years have I heard of a delayed decision based on the affidavit of support. Something else is amiss in one person's history. Sending back to USCIS because of information disclosed at the interview. Could be a problem with either party or both. The "both" that comes to mind is they did something in India, that makes them too married for fiancée visa but not married enough for a spouse visa. Yes, that's a real thing. Was there some kind of unofficial marriage ceremony or something that could be interpreted as that?
  4. pushbrk
    I guarantee you that is not it. The Consular officer is saying something is amiss, and they learned about it as part of the interview process. If it was the affidavit of support, you would know it. There's something your fiancé or fiancée knows that they are not telling you.
  5. pushbrk
    The CEAC website tells you what is needed for each. Follow those instructions as applicable to each of you.
  6. pushbrk
    I don't see this becoming an issue.
  7. pushbrk
    You seem focused on your qualifications. Have either of you been married before? If so, were all previous marriages accurately disclosed, and their ends properly documented? I suspect the ineligibility, lies with the visa applicant, not the petitioner, and that they know what was inaccurate in the petition and their visa application. Yes, I know that's a harsh statement, but from my twenty years of membership here, it's my informed opinion.
  8. pushbrk
    I would find then visit my Senior US Senator's (from your State) nearest local office and ask for their immigration liaison's assistance.
  9. pushbrk
    None of what you need to do now is about me. Carry on.
  10. pushbrk
    It's possible to make a request. Don't be surprised if the answer contains no details, and takes a long time to get. I suggest you both study the actual requirements, for a fiancée visa, and do some homework. Most likely, one of you knows what the ineligibility is. Most likely is they consider one or both of you were not free to marry on the day the petition was filed, or failed to satisfy them you were.
  11. pushbrk
    Perhaps a local Congressman's office can contact USCIS to ask them to send the petition to NVC per the latest policy.
  12. pushbrk
    No need for Beneficiary to notify USCIS of a change of address prior to petition approval. Just use the new address going forward, NVC onward.
  13. pushbrk
    It appears the above is exactly what happened. The petitioner can confirm by checking their copy of the I-130 to see whether they entered information for Tokyo and for adjusting status within the USA. Should have been Tokyo, and not appliable for the location of adjusting status. One or the other, not both. We see this every once in a while. It's a shame, but usually causes about a year delay to process the I-824.
  14. pushbrk
    Previous case was K1, so normally USCIS does not review. They just eventually send a letter saying their approval of the initial petition has expired and the petitioner is free to file again. More likely they found something in the AP to disqualify. THAT could have been an error, but USCIS will do nothing to correct it. Time for a "come to jesus" kind of discussion between the couple, before proceeding. Something caused this, and neither the Consulate or USCIS is going to give them further information on that.
  15. pushbrk
    I will add my emphasis on the importance of hiring a lawyer with waiver experience. The waiver part is definitely not a do it yourself thing. Your questions are best answered by the lawyer you hire AFTER they have all the facts from your spouse, in confidence.
  16. pushbrk
    No need to update USCIS. Just use the new address from the NVC stage onward.
  17. pushbrk
    You have good answers already. To my knowledge the one big difference in how the US Consulate's Immigrant Visa Unit in Mumbai operates, is that they want the petitioner to have current and three past years of qualifying income. You are not dealing with "India" though. It's the US Consulate. For example if you substitute "Philippines" for "India" then no, the Philippines doesn't recognize any proxy marriages, but the US Embassy's Immigrant Visa Unit does.
  18. pushbrk
    I'm here to help you unify with your family, not to protect your feelings about the mistakes you made. When you did this before, it was NOT "this process". It was the fiancée visa process, and not a step child at the time. It was the child of your fiancée. You failed to read the instructions for the petition you filed this time, and made incorrect assumptions because of that. Now you know that and you know what to do next. If it help you to vent at me about how the news was delivered, so be it.
  19. pushbrk
    Perhaps a timing issue/delay. I wouldn't worry about it.
  20. pushbrk
    The foreign spouse is coming to live in the USA. Of course, it's ok to use a one way ticket.
  21. pushbrk
    Rely on the actual I-130 instructions PDF instead. It is specific about the documents needed for the US Citizen. It's photocopy of a certified copy. Do you have a certified copy? If you don't know, look at it carefully and be sure. I'm not an expert on the online process, because I know it has its glitches. Like I said, I prefer paper filing, and that's why. In my opinion, there are still to many issues with the online form. USCIS is familiar with those issues though, and how to compensate. Were you able to leave that entry information blank?
  22. pushbrk
    Did you seek your I-94 here? https://i94.cbp.dhs.gov/I94/#/home
  23. pushbrk
    Try just leaving those blank and proceed with 47. If that doesn't work try typing zeros. This is another reason why I still prefer the paper forms.
  24. pushbrk
    Without an attorney is one thing. Without reading the instructions is another thing entirely.
  25. pushbrk
    Unfortunately, "was told" is a well known source of misinformation. The correct source is the I-130 instructions. Time to become an A-Student of those instructions, file the other two petitions, and wait another year or so, for them to be approved. Then, you proceed with all three at NVC. In the meantime, stay in contact with NVC to keep your wife's case open. They need something from you at least once a year. If you were a green card holder instead of a US Citizen, you could have filed just one petition. Your failure to study the actual instructions, put you in the place you are. Don't make that same mistake twice.
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