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Zedayn

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  1. Like
    Zedayn got a reaction from Novembro in New member/Same sex K1 advice :)   
    The I-129F is mailed to the Texas lockbox. It is not sent to California. The address on where to file is included in the I-129F instructions.
    For your case, you will not be treated any differently than a normal sex couple. You will need to prove 3 things with your petition:
    You are a US citizen You have met each other IN PERSON in the last 2 years You are both legally free, able and willing to marry within 90 days of your fiancé's arrival to the US. You may also need to indicate the state you plan to marry, and that it is a state that allows same sex marriage. Good luck!
  2. Like
    Zedayn got a reaction from Harpa Timsah in New member/Same sex K1 advice :)   
    The I-129F is mailed to the Texas lockbox. It is not sent to California. The address on where to file is included in the I-129F instructions.
    For your case, you will not be treated any differently than a normal sex couple. You will need to prove 3 things with your petition:
    You are a US citizen You have met each other IN PERSON in the last 2 years You are both legally free, able and willing to marry within 90 days of your fiancé's arrival to the US. You may also need to indicate the state you plan to marry, and that it is a state that allows same sex marriage. Good luck!
  3. Like
    Zedayn got a reaction from cee-gee in Hi! :) New member here looking for advice <3   
    This might help: http://www.visajourney.com/content/compare
    For the felony convictions, the kidnapping one especially, you are not likely to get approved.
    Your petitioner will need to file a mandatory waiver because he committed a violent crime against another person, in his case kidnapping.
    From http://www.lawandsoftware.com/ina/INA-214-sec1184.html
    d. Issuance of visa to fiancée or fiancé of citizen

    1. A visa shall not be issued under the provisions of section 101(a)(15)(K)(i) of this Act [8 U.S.C 1101(a)(15)(K)(i)] until the consular officer has received a petition filed in the United States by the fiancée and fiancé of the applying alien and approved by the Secretary of Homeland Security. The petition shall be in such form and contain such information as the Secretary of Homeland Security shall, by regulation, prescribe. Such information shall include information on any criminal convictions of the petitioner for any specified crime. It shall be approved only after satisfactory evidence is submitted by the petitioner to establish that the parties have previously met in person within 2 years before the date of filing the petition, have a bona fide intention to marry, and are legally able and actually willing to conclude a valid marriage in the United States within a period of ninety days after the alien's arrival, except that the Secretary of Homeland Security in his discretion may waive the requirement that the parties have previously met in person. In the event the marriage with the petitioner does not occur within three months after the admission of the said alien and minor children, they shall be required to depart from the United States and upon failure to do so shall be removed in accordance with section 240 [8 U.S.C 1229a] and section 241 of this Act [8 U.S.C 1231] .

    2. A. Subject to subparagraphs (B) and © , a consular officer may not approve a petition under paragraph (1) unless the officer has verified that—
    I. the petitioner has not, previous to the pending petition, petitioned under paragraph (1) with respect to two or more applying aliens; and

    ii. if the petitioner has had such a petition previously approved, 2 years have elapsed since the filing of such previously approved petition.

    2. B. The Secretary of Homeland Security may, in the Secretary's discretion, waive the limitations in subparagraph (A) if justification exists for such a waiver. Except in extraordinary circumstances and subject to subparagraph ©, such a waiver shall not be granted if the petitioner has a record of violent criminal offenses against a person or persons.

    2. C. i. The Secretary of Homeland Security is not limited by the criminal court record and shall grant a waiver of the condition described in the second sentence of subparagraph (B) in the case of a petitioner described in clause (ii).

    2. C. ii. A petitioner described in this clause is a petitioner who has been battered or subjected to extreme cruelty and who is or was not the primary perpetrator of violence in the relationship upon a determination that—

    I. the petitioner was acting in self-defense;

    II. the petitioner was found to have violated a protection order intended to protect the petitioner; or

    III. the petitioner committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury and where there was a connection between the crime and the petitioner's having been battered or subjected to extreme cruelty.

    2. C. iii. In acting on applications under this subparagraph, the Secretary of Homeland Security shall consider any credible evidence relevant to the application. The determination of what evidence is credible and the weight to be given that evidence shall be within the sole discretion of the Secretary.
    3. In this subsection:

    A. The terms “domestic violence”, “sexual assault”, “child abuse and neglect”, “dating violence”, “elder abuse”, and “stalking” have the meaning given such terms in section 3 of the Violence Against Women and Department of Justice Reauthorization Act of 2005.

    B. The term “specified crime” means the following:

    i. Domestic violence, sexual assault, child abuse and neglect, dating violence, elder abuse, and stalking.
    ii. Homicide, murder, manslaughter, rape, abusive sexual contact, sexual exploitation, incest, torture, trafficking, peonage, holding hostage, involuntary servitude, slave trade, kidnapping, abduction, unlawful criminal restraint, false imprisonment, or an attempt to commit any of the crimes described in this clause.

    iii. At least three convictions for crimes relating to a controlled substance or alcohol not arising from a single act.
    Basically unless he can prove he was not the primary perpetrator of this crime, you will likely not be granted the waiver and thus would result in denial.
  4. Like
    Zedayn got a reaction from Pitaya in quick AOS question   
    A copy is a copy. If you are asking about the certified copy when you go to the courthouse to request your marriage certificate, or a copy of that certified copy....then the copy of the certified copy would suffice. You may have to show your certified copy later at the interview stage (if you have an interview).
  5. Like
    Zedayn got a reaction from Cheryl-Hossein in Additional Vaccinations and Transcribing I-693   
    You only need the first shot in the series for AOS. If your DS-3025 is complete, then you don't need to see a civil surgeon...you can just submit the properly completed DS-3025 with your AOS application.
    This post will help you determine if your DS-3025 is complete: http://www.visajourney.com/forums/topic/428381-i-693-report-of-medical-examination-and-vaccination-report/?p=6206232
    The table listed here will show you which vaccines you need based on age: http://www.cdc.gov/immigrantrefugeehealth/exams/ti/civil/vaccination-civil-technical-instructions.html#tbl1
  6. Like
    Zedayn got a reaction from PCV in accurate processing time   
    The USCIS average for TSC is 5 months, which is where you are seeing people say they are processing September petitions (5 months ago). The VJ average, based on VJ timelines here, are closer to 1 month processing times. With that said, you need to expect your petition to take at least 5 months to get approved, however more than likely it could get approved much quicker than that.
  7. Like
    Zedayn got a reaction from Calypso in Congratulations to Calypso!!   
    Congrats!
  8. Like
    Zedayn got a reaction from Paz_Tranquilidade in Wedding is overseas. How does the visa work?   
    Why not just get married in December and file for a CR-1 visa instead?
    You have to figure at least 6 months to get approval of your I-129f. I mean its nice when its approved much faster than that, but you just have to expect it will take at least that long. Then figure 8 weeks at NVC (I know it doesn't take that long at NVC, its just that's what they tell you when you call them for your case number). So you are looking at 8 months before you can even schedule your interview, which means scheduling your interview in October. I don't know how long it takes to get an interview at Brazil, but say it takes one month, you are looking at getting the visa in November. If you came to the US in November, hurried up and got married and sent paperwork in for the AOS, AP and EAD, you STILL wouldn't be able to leave the US until about February.
    You are taking a big risk expecting to get your visa in hand, marry and file AOS, and receive your AP ALL before December 26. Your best option is either postpone your wedding in Brazil, or cancel your plans for the K-1 visa and file the CR-1 visa after your wedding in Brazil.
  9. Like
    Zedayn got a reaction from mikeandtracy1 in Advance of Parole   
    Do you have an EAD card? Your AP is combined onto that card if you have it.
  10. Like
    Zedayn got a reaction from Newsha in Point of Entry - What to expect?   
    As a K-1 visa holder you do NOT have to pay the $165 fee. When you get to your POE, you hand your passport and K-1 visa packet to the officer...he will get your fingerprints and photo, then you will go to another waiting area. You will then visit with an immigration officer who will ask you a few questions and then you'll be on your way.
  11. Like
    Zedayn got a reaction from shellveck in Starting K-1. Have a question   
    It doesn't matter what you do really until your annulment is final. You can renew your passport just fine.
    I hope you haven't filed yet your I-129f, because if so, since you are still married, your petition will be denied. You cannot even begin the process until you are no longer married, and are free to marry again.
  12. Like
    Zedayn got a reaction from Darnell in No response from USCIS about my withdrawing my Aff of Support?   
    CNTrav, you want evidence of a case where a K-1 petitioner who married, can successfully withdraw an I-864 while still married. Is that correct?
    Well, as ashamed as I am to admit it, I am that case.
    I mailed a letter to the NBC where my ex's AOS application was being processed, asking to withdraw my I-864 and approved I-129f petition. I explained the reason for the withdrawal, that I would be filing a divorce soon. I called the USCIS 800 number after 3 weeks passed, to find out if they could tell me if my I-864 was withdrawn. They didn't know anything. I filed for divorce in September. At the end of September, I mailed them another letter, requesting withdrawal of the I-864 and I-129f. A week later, I received a letter in the mail from the field office in Omaha, Nebraska. It basically said:
    "On [date they received my letter], we received a request asking to withdraw Form I-864.....and Form I-129f....
    We have accepted your withdrawal....there is no option to appeal. This does not preclude you from filing a new petition should you choose to do so."
    I have received confirmation from USCIS that my I-864 was withdrawn, in October. I am still not divorced yet, my divorce will not be final until April 1.
    There is your case, CNTrav.
  13. Like
    Zedayn got a reaction from yailukmuu in No response from USCIS about my withdrawing my Aff of Support?   
    CNTrav, you want evidence of a case where a K-1 petitioner who married, can successfully withdraw an I-864 while still married. Is that correct?
    Well, as ashamed as I am to admit it, I am that case.
    I mailed a letter to the NBC where my ex's AOS application was being processed, asking to withdraw my I-864 and approved I-129f petition. I explained the reason for the withdrawal, that I would be filing a divorce soon. I called the USCIS 800 number after 3 weeks passed, to find out if they could tell me if my I-864 was withdrawn. They didn't know anything. I filed for divorce in September. At the end of September, I mailed them another letter, requesting withdrawal of the I-864 and I-129f. A week later, I received a letter in the mail from the field office in Omaha, Nebraska. It basically said:
    "On [date they received my letter], we received a request asking to withdraw Form I-864.....and Form I-129f....
    We have accepted your withdrawal....there is no option to appeal. This does not preclude you from filing a new petition should you choose to do so."
    I have received confirmation from USCIS that my I-864 was withdrawn, in October. I am still not divorced yet, my divorce will not be final until April 1.
    There is your case, CNTrav.
  14. Like
    Zedayn got a reaction from Matt & Bing in Taxes Sub-forum?   
    I don't think its any more an issue to provide tax advice as we already provide immigration advice. Yes there may be risk associated with people accepting and acting upon tax advice, but how is that different from people accepting and acting upon immigration advice that is already given?
    And the disclaimer you mention already exists: Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice.
    I also agree there should be a sub-forum for tax related questions and advice
  15. Like
    Zedayn got a reaction from JulieandDanny in G-325a Employment History Concern   
    You are thinking too hard on this. This is just a brief background of yourself, which includes your employment history. USCIS and the IRS are not going to be comparing notes, they just want a little background about you. Just list all of your employment for the last 5 years like it asks, and you will be fine. As far as your tax issues go, your tax information won't be needed until the interview stage at the embassy...after your I-129f is approved. It should give you plenty of time to take care of your taxes by then.
  16. Like
    Zedayn got a reaction from JulieandDanny in G-325a- Some quick help with attachment form please and thank you!   
    What you have is fine. You do not need the "NOTE" you have on your sheet. Just a listing of your employment history.
  17. Like
    Zedayn got a reaction from Harpa Timsah in British Fiance needs to find a Notary where does he look?   
    That's just crazy. USCIS has never required any of the documents submitted with the I-129f to be notarized. What does your RFE say exactly anyways?
  18. Like
    Zedayn got a reaction from FutureMrs.Lacka in Evidence of Engagement- DS156K   
    address isn't important, nor is it needed. If you want to include an address to make it more formal, then include the embassy address.
  19. Like
    Zedayn got a reaction from cee-gee in K1 Adjustment of status vaccination help   
    You will need to see a civil surgeon to transcribe all your vaccinations onto an I-693 form. The only vaccination record that USCIS will accept is the DS-3025 form, and it sounds like your vaccinations are incomplete on this form (missing the MMR). You can not simply send another vaccination record that says you have received the MMR, you will need to see a civil surgeon to have it transcribed on a form that will be accepted by USCIS.
  20. Like
    Zedayn got a reaction from Nich-Nick in K1 Adjustment of status vaccination help   
    You will need to see a civil surgeon to transcribe all your vaccinations onto an I-693 form. The only vaccination record that USCIS will accept is the DS-3025 form, and it sounds like your vaccinations are incomplete on this form (missing the MMR). You can not simply send another vaccination record that says you have received the MMR, you will need to see a civil surgeon to have it transcribed on a form that will be accepted by USCIS.
  21. Like
    Zedayn got a reaction from Harpa Timsah in K1 Adjustment of status vaccination help   
    You will need to see a civil surgeon to transcribe all your vaccinations onto an I-693 form. The only vaccination record that USCIS will accept is the DS-3025 form, and it sounds like your vaccinations are incomplete on this form (missing the MMR). You can not simply send another vaccination record that says you have received the MMR, you will need to see a civil surgeon to have it transcribed on a form that will be accepted by USCIS.
  22. Like
    Zedayn got a reaction from KK11 in Marriage in Iowa Question   
    1. Yes you can try to waive the waiting period for the additional fee of $5, however it is very rare. The waiting period is only 3 days, so I would just wait.
    2. The SSN is NOT required if you don't have one. When you apply for the marriage license, simply tell the clerk that your fiancee does not have an SSN, and they will leave that blank.
  23. Like
    Zedayn got a reaction from Sirdaniel42 in work permit at Dulles POE with K1   
    Nope, they don't issue work permits at POE. If you want permission to work, you need to apply for your EAD. Its advised to apply after you are married and file AOS, since the filing fee is waived and your EAD is good for 1 year. You CAN apply as soon as you enter the US, but you will have to pay a filing fee and your EAD will expire when your I-94 expires.
    Best advice: Get married, and file AOS with your EAD and AP as soon as possible after marriage. Your EAD card will arrive about 2 months after you file.
  24. Like
    Zedayn got a reaction from asianculture in I-129F Filing for Fiancee Manila   
    I disagree. The I-129f instructions clearly state on page 5:
    7. If Filing for Your Fiancé(e) (K-1), What Documents Do you Need to Prove That Your Fiancé(e) Is Eligible for K-1 Classification and That You Both Can Legally Marry? a. If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of termination of prior marriages may include a divorce decree, or an annulment or a death certificate issued by a competent civil authority This means that if the petitioner OR beneficiary have been married before, you need to submit proof that all previous marriages are ended. So yes you would need the death certificate from your previous marriage.
  25. Like
    Zedayn got a reaction from KayDeeCee in I-129F Filing for Fiancee Manila   
    I disagree. The I-129f instructions clearly state on page 5:
    7. If Filing for Your Fiancé(e) (K-1), What Documents Do you Need to Prove That Your Fiancé(e) Is Eligible for K-1 Classification and That You Both Can Legally Marry? a. If either of you was married before, submit evidence that all prior marriages have been terminated. Evidence of termination of prior marriages may include a divorce decree, or an annulment or a death certificate issued by a competent civil authority This means that if the petitioner OR beneficiary have been married before, you need to submit proof that all previous marriages are ended. So yes you would need the death certificate from your previous marriage.
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