flfreddy

My gf was very honest, she was already in USA with a J1 no 2 yr restriction, and she wanted to study.   So she went back to China to get a full F1 (although she could just do AOS from J1 to F1 length of stay no exit visa).  But she wants a real F-1 as she wants to do grad school.   
 
Guess what... went back to China with 1 luggage to change J-1 to F1 and got rejected 2xs F1.   First time I was doing the financial support paperwork - faster as we have all the stuff here in USA, second time her parents gave her the funds.   I guess the first time me as a USC triggered INA 214(b) - immigrant intent..   Which in reality wasnt the case.
 
I guess they think she wanted to immigrate but it was really just grad school.   Both times rejected was a real bummer.. she went back with expectation of 2 weeks only to convert J1 to F1.  She had demonstrated no intent to AOS and had honestly returned to China to get a F1.   Imagine all her stuff stuck in USA, and we have to settle her down in China to wait for K1 approval.
 
I visited her every 3 weeks  - USA CHINA  USA, ... i have a stack of air tickets and high speed train tickets.
 
But now, .... fast forward 6 months, we have NOA2, waiting for NVC and embassy interview so she can come.... but this time as fiancee and later spouse.    She had to reapply grad school for 2020 if she wants to , but i doubt... there is a lot of stress.  She will just focus on family for now.
 
So this is our story to share with you.  In summary, K1 vs non immigrant visa have to prove different stuff and base on different reasons.  Independent of each other.

Just based on what you posted, the hints of concerns appear to be
a) prior husband and kid
b) income (job)
c) protection order against you
 
Assuming that you have to support 4 people, yourself, fiancee and 2 kids, I hope they dont just take $52K /4 and compute vs poverty level.
The divorce decree and birth cert should have been sent with I-129F or they just want to see the original.
 
Does fiancee have something not favorable? Age gap big? Culture different? Criminal event prior?  
 
Not taking the passport means not ready to issue visa I feel/  Wait for the request.  It could be just a simple doc missing.
 
Keep us posted.
 
 

Finally a human picked up.. very sweet lady's voice.  8/28 NOA2, 9/17 still not received at NVC.   20 days already.   Try again another time.

Amazing... it worked... I am on hold now.. never had that press 1 or press 2 option before.... cant wait to speak to a human.    thanks buddy

NOA2 8/28
 
I think its useful when posting to always include noa2 dates.
 
ok, on the phone waiting with them after 26 speedials :)
has it occurred to anyone uscis to nvc is also done in batches?
 
still holding listening to some 1980 synthesizer music... and that male voice... it gets to u hearing him repeat.

I received my NOA2 on 9/4.  Its 9/17 now, it still has not updated on USCIS site.   NVC also has not received the file yet to issue NVC case number.

GROSS INCOME not AGI

We always take pictures of famous landmarks with 2 of us in there.  It is undisputable.  Eg:  Hong Kong airport sign and 2 of you.   London Airport sign and 2 of you.  Plus the air ticket its clear evidence.   Hold a newspaper with date printed and 2 of you.
 
On going relationship, give petitioner passport to beneficiary and flip it open in the face of the interviewer.  DIRECT CLEAR AND PRESENT evidence.   Also show photos above with air tickets at interview. boarding passes.
 
The min application threshold is meet 1 per 2 year.  Ongoing is like well 1-3 more is fine at interview.  But if pictures have family in it, better, it means its a bonafide relationship.

file, go home... log the 1 year clock, then get a US attorney to final the steps for you. or you can get attorney from start to end. About 2-4K fees total, plus you can get alimony for the time together before separation

file, go home... log the 1 year clock, then get a US attorney to final the steps for you. or you can get attorney from start to end. About 2-4K fees total, plus you can get alimony for the time together before separation

You need to make the call to the police right away.... document abuse. Call the abuse centers hotline right now.
https://www.harborhousefl.com/
They will teach you what to do including restraining orders, its called DV160 in california and felony penal code 273.5a
If she pulls the telephone cord, that is an immediate arrest by police
If she bruises you, call 911, see a doctor, hospital has a obligation to report abuse to 911
If she hits you, scream and call 911
you need 911 at your house to create audit trail and build a case.... I am upset to hear a man being abuse when the media only highlights women being abuse. Man can be abused too.
When you have a case, the shelters and abuse centers will help you thru pro borno (volunteer) attorney to get you thru.
call that number to get help...you have a VAWA case.

I am proud of all those who gave this VJ forum a purpose... esp for the interview scheduling..... my phone and Ipad and PC were going off like crazy with so many VJ posting in this forum thread about appt being available yesterday.. every reply is an email in inbox for this thread... hence I was able to log in promptly and set a time.
Others, you may want to set only this thread to issue a email for every post. You will see the inbox spike when there are appt available and everyone reacts.

I saw Mar 14 to Mar 17th. There were like 4-6 slots available each spot. It was 1140pm USA TUE 2/16/16.
I clicked on Mar 17th, did the whole she bang... then saw the DS160 number was wrong. Cancelled repeat 3 more times, still wrong and then stopped as cannot cancel else pay money again.
I did that over 5 minutes... by the time I am done with 4th time, all appts were GONE.. LITERALLY GONE.. back to no appt screen.
I called USA on 10am WED 2/17/16 to ask why a wrong DS 160 is popping up... guess what.... !!??? EVERYONE PLEASE NOTE....
If you had previously applied on ustraveldocs.com for ANY visa, that DS160 number will auto populate on your K-1 appt letter. K-1 visa aaplicants need not worry about the DS160 number on the appt confirmation letter. Our prior experience with Guangzhou embassy tellls us otherwise. The last time we were there for another visa and I had typed a G to be a 6 on the DS160 field for the appointment setting screen, we were refused entry at US embassy.
So long story short, PLEASE CHECK YOUR DS160 number at bottom of appt confirmation. Then call in to USA hotline 703 665 1986, get it fixed and have them email you a NEW confirmation page with the RIGHT DS160 number at bottom or face possible entry refusal at GUANGZHOU US EMBASSY.

Yes do it same time as medical appt best

Action items.
a) File for separation and divorce
b) his CR1 cannot be renewed any more with a conviction of DV
c)Divorce is your only way ... the green card matter solves by itself in the CR1 renewal in 2 years or deportation which ever comes first.

Long journey just started my friend.... uscis -> NVC about 2-3 weeks... NVC->embassy about 2-3 weeks Embassy -you P3 errrrrr weeks to months... Embassy to you P4 2-4 weeks so far... Scheduling Interview... thats randomly assigned by GOD lol
I am still at P3 stage... best wishes...

Action items.
a) File for separation and divorce
b) his CR1 cannot be renewed any more with a conviction of DV
c)Divorce is your only way ... the green card matter solves by itself in the CR1 renewal in 2 years or deportation which ever comes first.

The I864 has been used in multiple cases for suing on spousal support. See Stump vs Stump. Also there were california cases where the divorced beneficiary sued the ex husband. You can just google I864 affidavit of support after divorce. NOTE: Divorce does not end I864 obligations of sponsor. There is a line in I864 that states "Beneficiary may sue the petitioner"
I may have misread the "stress and nuisance" and "safe shelter part" mentioned, withdraw comment on VAWA and removal of conditional CR1.
I864 comment stays as that is advised by my attorney and hence we had to prep the prenup even for K-1 in preparation for the CR1, in case I864 ever becomes an issue in years to come.

a) she is thankful that she is off the hook for I864 affidavit of sponsorship.. i think she sponsored him.
b) she wishes him all the best, yes co-sponsorship or actually give him some emotional support. Some people part for the best not the worst.
c) find a new partner, soon you wouldnt careless who your ex is once you find a new love.