LandT222

40 minutes ago, TNJ17 said:

There is no procedure for him to leave the country. He can just leave and your case with USCIS will be abandoned. Unfortunately there is no way for him to get his greencard and move back home. Moving back to his country will not have any effect on your lives as far as a penalty or something of the sort. However, if he ever decides he wants to move back to the US, you’re gonna have to go through the process of getting him a visa and adjust status all over again, and sometimes they give people a hard time (or so people have said in this forum). Your moving to his country is a whole different issue though. You’re gonna have to look into it with the authorities from his country. Good luck. 

Thank you @TNJ17 for the information. I do feel badly him abandoning his case here but he's made his mind up about moving back. He's sure he won't want to move back to USA but I am going to remind him that it is hard to try to move back.

What about if he wants to come with me to visit my family in the USA, in the future, after he has moved to Scotland? Will it be any problems for him to visit USA after he abandons his case to move back? 

Hi, I wanted to ask some information about what happens in this kind of situation. Basically my husband wants to move back to his country. He has been really unhappy and feels sick most of the time here and since we're disabled, we haven't been able to do much together to improve our situation. 

In his country there are a lot of support services and groups for disabled adults, whereas here where I live, I barely get any help. So he has decided to move back to his country. We've been still waiting to hear back from USCIS for when he can have his interview, but he is not interested in getting a green card anymore. We have been waiting for 18 months now. I think it is a shame as we had to go through a lot of trouble to get to where we are, but I respect his decision to move back. I am also having to prepare for trying to move to his country, which is a big deal for me. 

We have been doing a lot of preparation but now I am wondering what should I do about the adjustment of status that is still pending? Should I call them and let them know? Is there some kind of procedure or does he just buy a ticket and travel back home? I just don't want him to get in any trouble or myself, as I know everything seems to always cause problems now with these types of things. 

36 minutes ago, jle2234 said:

It's honestly difficult to say without knowing the nature of his crime, which I understand you may not want to share. You can look up a 212(d)(3) waiver, which I believe is the correct waiver for those deemed inadmissible to the U.S. and see if your mother's husband might qualify for such a waiver.

He said it was theft but didn't elaborate very much probably due to embarrassment with me. I know he needs to explain more which is why I thought maybe a report would help. I've read a little bit about the 212(d)(3) waiver, but I think he might be wanting to try the visa waiver program first. I'm just not sure if the US embassy is going to be helpful to him getting permission.

1 minute ago, jle2234 said:

It depends a bit on the applicant's specific criminal record. Crimes that were 1) not serious or violent, and 2) occurred several years ago, are more likely likely to be granted leniency when applying for a visa.

 

In some countries (not sure about Italy), first-time offenders can petition to have their record expunged after a certain amount of time passes without subsequent arrests. I had a friend have his U.S. travel ban lifted this way.

Thank you for the helpful message, I will talk with him to see if he can try to get it expunged. Do you think there's anything he can do to help with getting permission to visit? 

Hi, I need some guidance as to how to proceed with my mother's husband's visitor visa. I helped him apply for a B-2 visitors visa, but I didn't know he had had an arrest in the past. I recommended to him to get a police report but he didn't think he needed one. He went to his interview and his visa was rejected.

He wants to apply for a shorter visit, one for 3 months. Is it probably going to be rejected again, or if he gets a police report would it help? It was one arrest and he is a hard worker and good person. He lives in Italy, and I don't know if they are really strict there. 

Any advice is appreciated. 

 

https://travel.state.gov/content/visas/en/fees/reciprocity-by-country/UK.html

 

This USCIS websiite lists documents needed specific to the country, and where you should contact..  you may need to make a phone call to the indicated office and ask... it is often much better than the online access, at least this enables you to clarify information  and ask questions ... even if you then have to go online and order the records. 

Thanks Dee Elle, I'm going to read the links you sent me, it looks like we might have paperwork to send after all! I'm hoping for the best!

 

The Subject Access Report in the UK lists the charges and how the case was resolved...fine, jail, dismissed. This is often when a "caution" is given which is a guilty plea and dispensation of the case without actually appearing before a judge or going to court. The USCIS needs documentation of the actual charge, when,what, etc, not just the immigrant telling their version. The SAR could provide that documentation or if it actually went before a court, then records would be available through the court.,

We were looking through our paperwork and we found the subject access report so I'm going to make some copies and send it. Thanks so much for your help with this information. I was worried we needed to get something else actually.

 

For the AOS application to go ahead, you will need to provide the documents they request, no matter how difficult they are to obtain. Not to do so will most certainly guarantee a negative outcome. Unfortunately " unfair" isnt a word in the USCIS   dictionary. If the documents you mention are what they are asking for, then send those... but if they are not certified court documents then they will not meet the RFE requirements. You say he has no one to ask as his parents are old... what abput cousins, other relatives, previous workmates, sporting team colleagues, friends.... ??  There should be an online process for obtaining these documents... perhaps he can phone his consulate to see if there is any specific process for people overseas... if time is running out , maybe he could get an InfoPass appt to speak to an IO and get some face to face information. But you will need to comply... 

Thank you Dee Elle, so far it's a couple of months from when we got the letter but I remember paperwork used to take ages when waiting while in Scotland so I panicked a bit. I'm looking through the paperwork now and I'm not finding anything except the police certificate, with the no live trace. Do you think it's enough? I think it expires though. 

 

Two places with information you need to study and contacts that might help. Also links provided for other agencies. You don't have to live in the UK to request records. You are the only one that can request. Some are online or provide email addresses for submission. 

 

https://www.acro.police.uk/subject_access.aspx may or may not have Scotland. Ask them.

 

https://www.mygov.scot/police-record/ Scotland resources. 

Thank you wuozopo, I am looking into the websites you gave me. They asked for a subject access report for the fiance visa. Do you think that this means my husband has to submit a new one for the I-485? 

My husband applied for I-485 last September and since then they keep sending letters asking for more evidence. Is this normal? USCIS is taking very long and we are doing all the paperwork they are asking for. Actually I have to help my husband as he is clueless about doing forms. 

Anyway my question is they are asking for information on an arrest he had in 2002 for drunk and disorderly, and he explained that was a long time ago and he is completely sober for 10 years now. It wasn't serious, and he managed to have his fiance visa and moved here and we were married. 

They want certified police reports but he is no longer living in the UK and he doesn't have someone to ask for help as his parents are old. Can we just send copies of what we have? It seems unfair to keep dragging things out like this for months. 

How is he supposed to get those documents in time for July, the UK was so slow with sending him documents when he was living there. 

Be assured than any medical condition (or previous surgeries, or serious illnesses) requires documentation from someone more familiar with the patient. They want a medical report, not the patient's description. When it comes to the mental health component, they want to see the assurance that the immigrant will not pose a "threat to himself or others" in those exact words. If the GP writes that in their report, then that is often enough. Sometimes they request a psychiatrist on staff to do an evaluation to say he will not be a "threat to himself or others". It is taking a long time, but he isn't the first person this has happened to. Once his medical clearance reaches the embassy, his interview will probably be 6-8 weeks later.

If the petition expires, it is renewed by you writing a new letter of intent. He takes it to the interview. There will be no issue with the expiration. I promise.

Get a letter written saying something like--

Date

Immigrant Visa Unit

U.S. Embassy

London, England

I, Mary K. Smith, remain free to marry and intend to marry Joe K. Jones within ninety days of his entry to the US on a K1 fiance visa.

Signature

Mary K. Smith

Get it mailed to your fiance so he has it to take to the interview.

Thank you so much for your reply, it helps a lot. I'm gonna make a letter and send it to him then.

Hi, we really need help with what to do about the Medical Doctor in London. My fiance went to his appointment in London in August and had his medical. He and I both have Asperger Syndrome and he took his paperwork about it and he was honest with the doctor. She was making him very nervous in the medical, and he said she very stressful to talk to, but he did the best he could to answer her questions. She said she wanted more paperwork for his history and that was delayed for a couple of weeks because of his needing extra support to go to doctor's appointments, and the general slowness of getting help in Scotland. Finally after sending the Medical Doctor in London the extra paperwork, now she wants him to go back to London for a psychiatric evaluation. The only doctor available was on Holiday until October 6 and my fiance made the first appointment for then. I am really worried and very stressed out by so much delay being done by this Medical Doctor over my fiance's condition which was explained from the very beginning. He will not be a public charge as my family has already been helped by my family with affidavit of support forms to express more than enough proof that he will be supported during moving to the US to live with me. The petition expires in October but he will still be dealing with this Medical Doctor at Knightsbridge and her requirements by that time.

What happens to my petition if it expires while this Doctor in the Knightsbridge keeps delaying my fiance? We haven't seen each other for 14 months and he really wants to come for a visit but we are not sure if we will lose our visa petition as we have already had to wait over a year and it would devastate us both. Can that doctor just keep wasting our time with more and more delays? Is there anything I could do about this to help, as this is affecting me also? I feel like he is getting picked on for his ASD.

You do need your case # for correspondence with the embassy and the DS 160 if I remember correctly. I received a letter from the NVC with the case number on it. If you don't get that (like many others) you can call them to get it.

You can help your fiance complete the DS160. We did it completely online, I helped him. There is a spot for you to list your name as the person who helped complete the form. We both logged in and reviewed it completely before he electronically signed it and submitted it. From what I remember it was stated that the beneficiary is supposed to be the one to click the submit button, but I am not sure if that is really true or even matters. We did all of this in 2014 with the Jamaican Embassy. Maybe its different elsewhere.

You do need your case # for correspondence with the embassy and the DS 160 if I remember correctly. I received a letter from the NVC with the case number on it. If you don't get that (like many others) you can call them to get it.

You can help your fiance complete the DS160. We did it completely online, I helped him. There is a spot for you to list your name as the person who helped complete the form. We both logged in and reviewed it completely before he electronically signed it and submitted it. From what I remember it was stated that the beneficiary is supposed to be the one to click the submit button, but I am not sure if that is really true or even matters. We did all of this in 2014 with the Jamaican Embassy. Maybe its different elsewhere.

Hello, I don't know if these questions have been answered in this forum already. My fiance has already received a letter from the U.S. Embassy in London with the instructions on what to do next for his interview. I have never received a case number or a letter from the NVC regarding my petition, but I got my approval letter from USCIS a month ago. Is that case number something I am supposed to have?

Also, I know the DS-160 is something my fiance has to fill out himself but he really needs my help in filling out forms online. Would I be able to do that myself or does he really need to sign it himself electronically? I guess I am wondering whether or not I can print it out and send it to him to sign or if it's all online.

I didn't see this when you posted it.

I-134 Taken to the visa interview by fiancé

London will accept a co-sponsor. Actually they will accept him/her as the only sponsor, meaning only an I-134 from the co-sponsor. London does NOT require a tax return. If you have other proof of income, they are flexible. Most prepare two ways to show income, but they often hand back one of them. They seem to love employer letters as the income proof.

I-864(s) Prepared and submitted as part of your AOS application.

You must prepare one, even if zero income. You must submit latest tax return or a statement why you weren't required to file, ie no income, then not required to file. Put the reason in writing.

Your joint sponsor will also prepare one. Same rules about tax return. Other proofs are good to supplement that..like employer letter and recent pay stubs. ALSO joint sponsor must submit proof of being a US citizen or permanent resident.

Thank you for the way you answered all my questions, this is really helpful. Would it be okay with you if I asked you some more questions about London?

What is the country?

Also, depending on the country, the petitioner also needs to fill out an affidavit, even with a co-sponsor.

Anyways, it's likely that you'll have plenty of time to look into it.

Good luck!

He is from the United Kingdom. I haven't heard about him having to fill out an affidavit. Where do you suggest I can find out about that?

that sounds good, I think it will be fine with the co-sponsor. I can wait until it gets approved then. Thanks for your help.

Hello. I already sent my I-129F package to Immigration yesterday. I want some more information about the affidavit of support. When should I prepare this document? Should I start doing it right away or should I wait to hear back from USCIS? I have seen different answers saying that the affidavit of support is done after the adjustment of status, and others have said that I should send this to my fiance for his visa interview. Will the USCIS let me know when to send it?

I also want to know, which form is it? There are two types of affidavit of support forms, the I-134 and the I-864. Which one do I have to fill out, or is it both? (one for the visa and one for the adjustment of status?) I am also going to have a co-sponsor, because of my income. Do I have to fill out a form as well, or is it only the person who is going to be my co-sponsor?

Thanks, I appreciate that and your help a lot! I'm going to fix what I've written and write fiance instead. I've been looking through this site and it comes up on a lot of searches, but I thought it might help to talk about this stuff as it is very intimidating.

Hello and thank you for your response I have spoken to some members of my family who are helping me to do the affidavit of support and have good income, as I do not have an income. I've been told at immigration that I would need to get co-sponsors.

(I was not comfortable in the UK because he needs a lot more help than he is getting in the UK and I have more medical help and support here. Things were not very easy for us but we did manage.)

Hi, I have a unique situation. My boyfriend and I both have Asperger Syndrome, it is an autism spectrum disorder. We met on the internet on a website for autistic dating. He is living in Scotland and I am living in Florida. I am back home, but I visited him last year and this year. We lived together for six months. During this time we both decided we wanted to be together but I felt it is better to live in the United States for both of us. I felt uncomfortable with the way some things are in the UK.

I have started to do the paperwork, and I have to help my boyfriend with his forms. I am wondering how our disability might affect our petition. It is not something that he can hide and it might affect his interview as well. How does this process work for people who are disabled? Should he mention it? I have written it as part of how we met, as it is a big part of our relationship, and we support each other every day through it. We really want to be together but I am still pretty unsure and I don't know if I can afford a lawyer.