j N j

12 hours ago, Lovemycroatianman said:

Thank you very much...I have an infopass for Monday...I have this strong feeling age difference of 20 years is effecting the process ...I have pictures of our last visit in Aug and proof hes sending me money and letters from my mom and sister attesting to the validity plus a letter from him...I'm hoping that does it.

I hope you get your acceptance soon.. I know we didnt get off to the best start over in the original thread. I made the statement it happens when it happens, since then, I had to withdraw my petition after 4 months waiting time and the loss of the filing fee, due to a glitch in documents sent in.  I still feel the same today as when I made that comment, its not something I can control. Next time, (when the documents get straightened out) I will go get married in her country and wait (again) until the spousal CR-1 visa is finalized... hang in there, things could be worse.

Later.

3 hours ago, RO_AH said:

So is the annulment issue in the Philippines finally all cleared up and filed in Manila? I think the CR-1 is a better route to go but  it's a personal choice. If you plan to get married in the Philippines plan on a 3 week trip in order to get everything completed. That is for a civil ceremony not church. I would add a few extra days just to be safe. I just returned and I was there for 25 days and it took exactly 3 weeks to the day to get married. If you want a fairly detailed explanation of the process you can read my post in this section from a few days ago. Or feel free to ask me anything. But in answer to this question, yes you can file as soon as you return home. 

 

If you plan to get married in HK I am not sure how long it would take or what requirements would be required. 

No, the annulment issue is still on-going. During this time, we are contemplating our options once the annulment papers get registered.. Im sure I can speak for the both of us that a HK marriage is out of the question.

Appreciate all the help..

2 minutes ago, geowrian said:

K-3 is obsolete and almost never issued anymore. If you tried to go that route, it would very, very likely end up with the I-129F being closed and the I-130 remaining open, letting you go the CR-1 route.

Thanks for the reply, so upon returning home after the marriage, I would file for the CR-1, correct?

Due to an annulment issue, Ive recently withdrew my i-129F petition, and will have to wait to refile. Ive talked with some friends about possibly doing the K3 route. Is it still a K3 or is it now labeled something else? Im try to weigh the pros and cons compared between the 2 different visas (K1 & CR). Any help or advice would be greatly appreciated..

Thanks, J

23 minutes ago, K1VisaApplicant05 said:

oh no, why did you pull your application?

Found out that the Annulment papers back in her home country were processed at the local level, but not recorded/registered in the national court system. Bottom line.. she is not eligible to marry at the current time until the annulment is recorded/registered.

Im saddened that I had to pull my application from being processed, kinda sucks losing the $$.. I will re-file once the paperwork issues gets sorted out.

Good luck to all the May filers.. 

3 minutes ago, Hank_ said:

Whew!!   That is good to hear ... glad it is not just leaving the starting gate.

 

http://www.visaconnection-philippines.com/i-129f-petition-process.html

agreed, but doesnt change the fact that we have to start over. COuld be worse things I guess.. I go back to the Feb. thread when a member asked me if Id feel the same way with the "it happens when it happens" comment..well here we are, and YES..It will happen when it happens..  Thanks for the link my friend!

Just now, Hank_ said:

Been in HK 13 years?!!  She could have done a divorce there.. that would of handled everything .. except getting married IN the Philippines.   Embassy is happy with a divorce.    (Just a random comment)

 

So the annulment has received the blessing of the court already, only need the decree of Finality.  Hope that gets done quickly.

 

 

WEll, she went back home to marry, but other than that, yes in HK for that time period. Yes, just needs the finality.. was told 3 months and that was in June/July cant remember exactly, and was pushed up to #2 in the queue.

27 minutes ago, Hank_ said:

Ya it sucks to kiss $$$$ goodbye with a DO OVER, but better to cancel the petition now.    

Has the check been cashed?  Maybe trying cancelling it... just a thought.

 

Annulments take years, and are very expensive.  

 

If you fiancee could "move" to a country that didn't require extremely long residency, she could file for a divorce.. embassy accepts divorces (maybe a short term OFW) Just a thought.

Sucks is a understatement.. I need to work on the cancellation on Monday, Id imagine in writing to CSC. Yes check has been cashed. The annulments has been over with for some time, just needs to be "filed" in Manila. SOmebody dropped the ball, not sure where or who, I believe they (folks back home) thought that it would process itself, and I think the Lawyer told them there was a fee involved to make it official. Right now shes in Hong Kong, and has been there for the last 13 years..

6 hours ago, Hank_ said:

**Short and sweet answer - YES!!         

 

Other options? >>>>>>>   Read the paragraph "WHO MAY FILE FORM I-129F?" , section A and B are very clear.

 

https://www.uscis.gov/system/files_force/files/form/i-129finstr.pdf?download=1

 

Will there be a problem filing later?   NOPE.

Thanks for the 1st response, I had a feeling thats where this was headed, We were aware of section A & B, what we BOTH were unaware of was that my fiances annulment wasnt "officially" filed in Manila, somebody there dropped the ball, and it never got done, and failed to mention it, #######? Looks like Im withdrawing our petition, wait more for the annulment to get "officially" filed, and start over again. Not very happen at the moment, but things could be worse.. I take it that the $$ is non refundable also, even though it didnt get far in the process. F***

4 hours ago, Hank_ said:

 

Pushed up to #2 is referring to the court process in the Philippines, not anything to do with USCIS

Exactly.

6 hours ago, Suss&Camm said:

The point is if you are somehow approved at USCIS - you will still not get the visa from the USEM. They will see the dates on whatever original documents that your fiancée will bring (required) to the interview. I don't know what you mean your lawyer got it pushed up to #2. Unless you had reason for an expedite you are processed in order like everyone else.

sorry, should of explained that better, it was expedited at the Philippine court level to get processed faster. Regardless, Am I still beating a dead horse and pull the plug and start over? What other options are there (if any)? At this point Im still searching for answers but, If I pull my current application, will it become a problem to refile with the same beneficiary if I have to start over again?

On 3/26/2011 at 10:49 PM, DBAFra said:

In my case I thought that it expired. After I began filing for my current fiancée, I realized that I could only file once within a 2-year period. What I did on my application was I sent them a withdrawal request for the first one along with the emails that showed that I had broke things off. I also included another letter asking for a waiver. I thought this would complicate my process and hold things up, but I had my application approval in like 19 days. We are human and we make mistakes. In my case I probably pulled the trigger too soon and broke off the relationship prematurely, but at the time I thought it was the right thing to do. I am happy I did, because I have someone that is more compatible with me.

Here is the link I used to help in writing my cancellation: Withdrawing a K1 Visa Request

I hope this helps and good luck

Im in a situation where I might have to have the app pulled. 

At this point Im still searching for answers from the other thread. But, If I pull my current application, will it become a problem to refile with the same beneficiary if I have to start over again?

On 9/13/2017 at 11:57 PM, Hank_ said:

You MUST BE FREE TO MARRY AT THE TIME OF FILING the I-129F.  USCIS may not catch this, but USEM will and they will kick your petition back to USCIS...  it will be a DO OVER .  

 

You must have the court documents of finality, and after that you need the PSA copies .. THEN you are free to marry.

Lots of things going through my head right now, and just trying to figure out my options, if there are any. "What If" the USCIS catches this? I understand that if the USEM does, it will kick it back. Will the USCIS send a RFE? At this point, is there any way of salvaging the case? Last ive heard, my fiances lawyer has had this case pushed up to #2 in the queue to be processed and was to take approx. 3 months. Those 3 months were to be in August or September.. Is all this a moot point considering all the information mentioned?

7 minutes ago, Hank_ said:

Pretty much so.  They must be free to marry at the time of filing the I-129F petition, which they are not.. annulment is not completed.

Thanks Hank..

8 hours ago, Hank_ said:

You MUST BE FREE TO MARRY AT THE TIME OF FILING the I-129F.  USCIS may not catch this, but USEM will and they will kick your petition back to USCIS...  it will be a DO OVER .  

 

You must have the court documents of finality, and after that you need the PSA copies .. THEN you are free to marry.

Do over? as in starting all over again in addition to the application filing fees? 

4 hours ago, Damara said:

You should ask to move this to the PI subforum.

 

The issue people are bringing up is "was the marriage annulled when you filed?" Not when you interview, but way back when you filed the 129f. Its unclear because you stated it was legal at the local level but not registered with the country. Does that make it not legal until the country recognizes it? I dont know.Some one in the PI forums probably knows the answer to this.

 

Also at some point the fiance has to get that NSO thing for the Philippines. That would be where they verify (cenomar) and again I dont know if that would come back clear, or show you filed the 129f before she was free to marry making this petition void and unapprovable. 

I havent posted it there, but its a good idea. Yea, there are some unknowns here, Im just just fishing for some answers. WHo or how would I go about having this thread moved?

Thanks.

2 hours ago, Suss&Camm said:

You have to be legally free to marry at the time of filing (even though the paperwork for the fiance is not required until embassy interview).

2 hours ago, geowrian said:

Exactly. The annulment needs to be complete before you can submit your I-129F.

Thanks for replies, to me, sounds like I need to wait it out. The long processing times buys me time until the interview..

I provided with the I-129F form a copy of my fiances annulment papers. To both of our surprise, it came to our attention that the paperwork was not filed in the countries court system, BUT was at the local level. My question is: at what point in this process do those papers get checked for being available to marry? The USCIS, before the Embassy interview? I thought I had this question posted one other time, but couldn't find it. Again, the annulment is legit and we've hired a local lawyer to follow through with getting the paperwork filed (correctly). We know its a long enough process to begin with and this clusterf*** doesnt help matters any. Our worries are that we get a RFE for this at the USCIS level, or it works itself out with time before it gets to the embassy stage.

Any help would be greatly appreciated.

2 minutes ago, Brntorun said:

My lawyer told me its for the interview, and im scraambling to get 1 from Taiwan, 4-6 week wait

It is for the interview.

2 minutes ago, Courtney Payne said:

2 minutes ago, Courtney Payne said:

From what i was told by my lawyer who provided a list of what to send the police clearance was included. Im not sure if they will accept it at the interview ...possibly. For the interview rhe beneficiary is suppose to bring rhe affidavit of support...showing that the fiance can support him or her when they come to the U.S following requirements they gave us. Also they are told to bring more support of the relationship just in case they ask.

 

 

 

fixed my post above,  Dept of State says its needed for the interview process.

35 minutes ago, Courtney Payne said:

The police clearance or certifate should be sent with in the petition.

https://travel.state.gov/content/visas/en/immigrate/family/fiance-k-1.html

Required Documentation

You, the foreign-citizen fiancé(e), (and eligible children applying for K-2 visas) will be required to bring the following forms and documents to the visa interview:

• Completed Form DS-160, Online Nonimmigrant Visa Application. You (and any eligible children applying for K-2 visas) must: (1) complete Form DS-160 and (2) print the DS-160 confirmation page to bring to your interview. 
• A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions).
• Divorce or death certificate(s) of any previous spouse(s) for both you and the U.S. citizen sponsor
• Police certificates from your present country of residence and all countries where you have lived for six months or more since age 16 (Police certificates are also required for accompanying children age 16 or older)
• Medical examination (vaccinations are optional, see below)
• Evidence of financial support (Form I-134, Affidavit of Support, may be requested)
• Two (2) 2x2 photographs. See the required photo format explained in Photograph Requirements
• Evidence of relationship with your U.S. citizen fiancé(e)
• Payment of fees, as explained below

5 hours ago, Toby and Quennie said:

My wife finally made it to the USA on 9/8/17.  Thanks to everyone that assisted us in making it through this long arduous process.  Thankful that it's over and that we get to begin our lives together!!

 

I do have a couple questions that maybe someone can answer.

 

I recently had a change in residence.  All of our paperwork has my old address.  What do I need to do to change the address?  Will the green card come automatically to my old address?  What next?

 

Thanks a million for your continued support guys!

 

Have an awesome day,

Toby & Quennie

Congrats to the both of you.

On 9/10/2017 at 6:16 PM, trames87 said:

On another tangent... Do you know when they send out RFEs? Do they wait until they actually look at your case? Or could it happen before? Just questions that I am wondering about. haha

 (RFE's) get send out right away if there are obvious errors while they are scanning in your I 129, such as missing signatures, wrong payment amount, missing payment, etc etc. Other RFE's will be sent while they are checking your case.. hope this helps.

3 hours ago, LabOz said:

Yeah sorry. I used to be able to double quote posters here but I can't seem to figure out how since they updated the system last year.

Just click the "+" button next to "quote" to do multiple quotes.. (if that is what you're saying)