hope00012

Hello,

We are applying for immigrant visa for my mother in law. My father in law passed away in 2010. Is a death certificate enough or do we need to also provide the marriage certificate as well?

My husband is filling out immigration paperwork form I-130 for his mother. His father is deceased.
1) on page 2, part 2, "information about your parents", do we provide the name, dob etc for his father and just write "deceased" where it asks about city and country of residence?
2) on page 6, part 4, will "place of beneficiary 's current marriage" be blank because his mom is a widow?
3) on the same page, "names of beneficiary spouses" do we need to provide his father's information and use the date of his death as marriage end date?

1 hour ago, pushbrk said:

 

Joint tax return is all they need as evidence of marriage.  Send evidence of status and US residency for both.

Thank you. Is a naturalization certificate or US passport enough for that or should i also attach an ID card?

If a joint sponsor is filling out the i864 and is using his spouse to combine income on i864a, do they have to provide extra proof of relationship and residency beyond a tax transcript for a joint tax return?

Thank you

On 8/5/2020 at 11:34 AM, AKKH said:

Well, we're counting the days....

2020 has been the wildest so far...  

 

What can we do in the meantime for the interview (F2A - Spouse, Beirut, Lebanon)? 

 

Do we have to fill out the DS-5540 now? 

And for the "proof of on-going relationship", I always wondered how we should show that, since we cannot carry our cellphone.... (I mean Telegram/WhatsApp/iMessage texts)!

Looks like there is no need for ds 6540 temporarily.

https://www.boundless.com/immigration-resources/form-ds-5540-public-charge-questionnaire/

"IMPORTANT UPDATE — AUGUST 7, 2020: Immigrant visa applicants do not need to fill out the Public Charge Questionnaire (Form DS-5540) following a ruling temporarily blocking the Trump administration from enforcing its public charge rules while the United States is under a national public health emergency due to the coronavirus pandemic"

On 1/27/2020 at 2:35 PM, JonoB said:

Yes. Basically because my brother hadn’t uploaded his 2018 tax return. When he did, this was sufficient for them and the status changed to ‘accepted’. Our visas were approved last Friday. 😁

Hi,

My brother has the same issue where he submitted his 2018 transcript and i864 based on the 2018 and below returns because he had not filed his 2019 taxes at that time. He was also told that his income does not meet the guidelines but it does. He now has his 2019 tax information. Did your brother upload the updated transcript in the ceac website (did he even have a place to upload it) or did you take it at the interview? I'm worried that uploading something new will push back his dates.

23 minutes ago, geowrian said:

A returned I-129F petition typically takes a few to several months (or longer) to get back to USCIS.

It goes from the embassy/consulate to NVC to USCIS. USCIS then lets it sit until it expires.

Thank you for clarifying 

42 minutes ago, mich923 said:

His interview was on December 4th. I tried emailing the embassy a few days ago but haven't received a response yet.

My brother's fiancee's was just yesterday so they are not going to hear back for a while I guess. I am sorry you and your fiance are going through this. Looking back now, i think they should have just done a nikah instead of engagement last year. 

39 minutes ago, mich923 said:

When a petition is denied it goes back to the NVC. I've called them and they said the embassy hasn't sent it back yet for mine. 

How long ago was the interview? 

11 hours ago, mich923 said:

My fiance was also denied at the Islamabad embassy. They didn't give my fiance a piece of paper either, they just handed back his passport and said the petition will be sent back to the NVC. We are now planning a wedding and I will file the I130. I am still trying to find out the reason for denial. 

I don't know if its a good idea but he is there for a few more days so they will get a nikah done. He can't stay long enough for a full out three day wedding. I have a lot of family members who came with just a nikah though. Lets see.

11 hours ago, mich923 said:

My fiance was also denied at the Islamabad embassy. They didn't give my fiance a piece of paper either, they just handed back his passport and said the petition will be sent back to the NVC. We are now planning a wedding and I will file the I130. I am still trying to find out the reason for denial. 

I thought the petition goes to USCIS, but they did tell them NVC too.

13 hours ago, gsdc23 said:

But were the engagement ceremony pictures already included in the package when sent to USCIS? If so, they definitely saw the pictures. 

Yes but they were not like a wedding. How else do you show engagement pictures though?

1 minute ago, Jorgedig said:

This is why CR-1 is generally a better choice than K-1 for Pakistanis.

Yea. I did a CR-1 in Abu Dhabi for my husband. All they asked him was where I was and our wedding date. But then again by that time we had a baby so that was proof enough of a relationship.

I asked them to reach out to the embassay and ask what was the reason. I'm not too optimistic about getting an answer back. It is hard not knowing what it actually was, too married, not engaged enough or whatever. I feel so bad for them. All this waiting and money and just like that its all over. 

2 hours ago, Going through said:

They wouldn't have had to look at the pictures again.

 

 They were already on file when they sent the photos with the petition--- so perhaps the CO deemed them "too married" for the K1 based off of that and other evidence.

 

 

They have to prove they are no too married but then again they have to prove they are engaged enough. It's very difficult,  especially in Pakistani culture. They asked her how she is willing to go with her fiance to usa before her wedding, so they are aware of the cultural boundaries and how couples can't live together until married. She did they she has an aunt she will stay with till the wedding but i guess that was not good enough. 

14 minutes ago, Jorgedig said:

Are they related by blood?  First cousins?

No, no blood relation. 

15 minutes ago, Paul & Mary said:

And they need to do more than  just the minimum.  They need to meet a few times and have  a very strong front loaded application with commingled assets shown.  That is going to be hard when they need a co sponsor.

 

If they are married they need to act married.

Yes. They will open a joint bank account, meet each other several times, go on a honeymoon, and make this a strong application. He had a great job last year but due to some circumstances, had to change his job. He will be becoming full time this year and will be good financially. 

I also called the USCIS helpline and they said that to start the CR1 they do not need to send a letter or wait for their letter. 

30 minutes ago, NuestraUnion said:

The above in bold may have what gave the officer doubt.

 

Need more info on the ceremony. Did it look official in any way? Reason I ask is because many K1 visas have been denied because couples have ceremonies that look too much like a wedding.

 

 

You say it was an arranged marriage, how much time did they spend getting to know each other? Note... sometimes officers are hard in arranged marriages because they may see it as families collaborating for relatives to get visas.

They did not even look at the pictures. 

28 minutes ago, geowrian said:

The petitioner or beneficiary can always contact them to ask. But generally, if you're not given a slip telling you why, you're not going to get a clear reason. The USCIS notice will just say that the I-129F has expired....USCIS policy is not to review a returned I-129F.

Thank you for the help. I think the best bet it just to get married. 

9 minutes ago, geowrian said:

Not that strange. With Pakistan, it seems that in many cases the CO tends to have a strong opinion before the interview even starts.

 

What relationship evidence was sent with the initial petition?

How much time did they spend in person total?

Any red flags (large age gaps, difference in religions, getting engaged on the first visit, only 1 visit before filing the petition, etc.)? This can be anything outside of cultural norms.

Is there a way to ask them what exactly was the reason for the denial or will it just come with the USCIS notice? Which i heard takes a long time. 

2 minutes ago, geowrian said:

Not that strange. With Pakistan, it seems that in many cases the CO tends to have a strong opinion before the interview even starts.

 

What relationship evidence was sent with the initial petition?

How much time did they spend in person total?

Any red flags (large age gaps, difference in religions, getting engaged on the first visit, only 1 visit before filing the petition, etc.)? This can be anything outside of cultural norms.

They were very aware of cultural norms. They actually even asked how is she going to go to USA with her fiance before she is married.

They did file after meeting once because it was arranged marriage and thats every normal there. I thought the requirement was to meet just once before.

They sent pictures of the engagement ceremony, pictures of dates, passport stamps and airline tickets. 

9 minutes ago, Paul & Mary said:

Usually they tell you if it is AP.  They can give a slip too.

 

How many times have they net prior to filing the K1?   What was included in the I-129F package?

Oops, i read that wrong. They had pictures the engagement ceremony, dates, passport stamps, airline tickets and also airline tickets for the future visit which he did a little bit before the interview. Ignore the bottom paragraphs.

They have met twice. They had the i134 and i134 from a co sponsor along with all the documents like employment letter, bank statements, pay stubs, tax returns and w2s, ids. Then her birth certificate,medical, passport. They had pictures and proofs of meeting and relationship. He actually went with her to the embassay too.

Apparently they didn't even take the i134 for the co sponsor when she tried to give it to them. Maybe that's what happened. But why would they do that?

2 minutes ago, Paul & Mary said:

Collect additional documents?  If so then they need to submit those documents.

 

Usually there is a slip given out for 221(g).  If the case goes back to USCIS the petitioner should bet an email or letter.

By collect i mean to take back the passport and her birth certificate. A 221g is given for AP?

1 minute ago, Paul & Mary said:

No and they can include a copy of the leyter with the I-130/I-130A.

 

What embassy / consulate did they interview in?

 

It is strange she didn't get any feeling for why it was denied or a slip.

It is the Islamabad embassy in Pakistan. They did not say anything. Just asked them to collect their documents. Would they give a slip for denial, for AP or both?

8 minutes ago, Ben&Zian said:

 

Did they receive any paper stating such? Generally if they are told that, that's the case, just again want to make sure that is what's happening before marrying otherwise they mess up the K-1 visa option.

 

Also, why was it denied? Any reason given or idea as to why? They need to address whatever it is because just marrying doesn't guarantee anything. Same issue can come back up and cause another denial.

 

I would wait for at least a confirmation of them receiving the notice to cancel/withdraw it, but not sure how long that could take.

They did not get any paper. They just told her to take her passport and birth certificate back. You are saying that they get a paper for denials or they get a paper when its going to AP?

They gave no reason for denial. They didn't even look at all the documents and pictures apparently. So strange.

10 minutes ago, Ben&Zian said:

 

Can marry whenever honestly.

 

Ensure the visa was actually denied and petition will be returned to USCIS... make sure they didn't actually just ask for other documents or put into AP, these are sometimes called "temporary denials" until all documents or checks are done.

 

If it was in fact sent back to USCIS, the USC should write to USCIS and officially withdraw/cancel the petition before applying for the CR-1. Don't wait for the expiration or notice (if you even get one) cause could be months.

And also after he writes the letter, does he need to wait for their reply before starting the CR1 process?

1 minute ago, Ben&Zian said:

 

Can marry whenever honestly.

 

Ensure the visa was actually denied and petition will be returned to USCIS... make sure they didn't actually just ask for other documents or put into AP, these are sometimes called "temporary denials" until all documents or checks are done.

 

If it was in fact sent back to USCIS, the USC should write to USCIS and officially withdraw/cancel the petition before applying for the CR-1. Don't wait for the expiration or notice (if you even get one) cause could be months.

Thank you so much! How do they confirm this information? She was told that they will return the petition.