ukstang

Thanks both of you for you replies

I suppose one of those delivery options could be the answer but the main question stands and that is, is it allowed to be filed from outside the USA to the USCIS, I mean I'm wondering if it arrives from outside the US. There again if we did do it that way we'd probably have to wait a while anyway as the NOA1 would be sitting in her post box for a while.

My fiancee (US citizen) is coming to stay with me in Europe for the next three months, we want to file a K1 ASAP but will she have to wait till she's back in the US to file or can it be done from Europe somehow?

Any feedback would be greatly appreciated

Okay for anyone interested I have just found this explaining how many K1 visas can be filed in a life time and the min. time frame between the applications:

International Marriage Broker Regulation Act (IMBRA)

What is the International Marriage Broker Regulation Act, or “IMBRA” and what does it regulate? The International Marriage Broker Regulation Act is more commonly known as “IMBRA.” Under IMBRA Section 832, there is a limit to how many K-1 Fiancée Visas you are allowed to file. You can only file for two in your entire life and you cannot file two of them within 2 years of each other. If you want to file a third K-1 Fiancée Visa during your lifetime or if you want to file a second K-1 Fiancée Visa less than 24 months after the first one, you will need to file for a special immigration waiver. You will also need an IMBRA Section 832 waiver if you, the petitioning U.S. Citizen, have a criminal history that includes crimes of violence or drug/alcohol related convictions.

They will probably ask a few questions about the first marriage but considering you were married a while, and didn't get re-married right after divorce, I don't think it should be a major issue.

The affidavit of support lasts until one of the following occurs:

- beneficiary leaves the USA permanently (as you did first time around).

- beneficiary becomes a US citizen.

- Beneficiary or sponsor dies.

- beneficiary accrues 40 quarters of work (ten years if you work constantly).

Thanks so much for that

Here is some research I did, plus the affidavit is valid for 40 quarters. I find your post interesting, you did a prior K1 in 2006, now ask about how long an affidavit is support is valid?

Section 832 (D)(2)(A) of the IMBRA Act reads as follows:

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. (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…." (Emphasis ours). Flaw in the Law.... a consular officer may not approve petitions! USCIS officers do!

(A) In general.-An affidavit of support is not enforceable after such time as the alien (i) has worked 40 qualifying quarters of coverage as defined under title II of the Social Security Act or can be credited with such qualifying quarters as provided under subparagraph (B), and (ii) in the case of any such qualifying quarter creditable for any period beginning after December 31, 1996, did not receive any Federal means-tested public benefit (as provided under section 403 of the Personal Responsibiity and Work Opportunity Reconciliation Act of 1996) during any such period.

Hi thanks for your interest I think you're somewhat confused as to what I was asking, I wasn't questioning if the affidavit of support filed in my name in 2006 was still valid, I understand that, that ended when I surrendered my Green Card. And yes it's been more that two years since the application as stated in the document you so kindly posted. Or am I misunderstanding your point here?

I initially applied for a K1 Visa back in 2006 which was accepted, we got married and after two years we both decided to move back to Europe together, there after I surrendered my Green Card to the US Embassy. After a year and a half our marriage took a massive tumble, we regretably split up and got divorced.

Where I live there are many US visitors all year round and you can't help but meet them especially as I'm british and living outside of the USA it's always nice to meet native speakers.

To cut a long story short I met somebody a while back and we instantly clicked and have since fallen in love and wish to marry and move back to the US, my concern is that I have already married once via a K1 visa and am wondering if this could be a problem or seem strange to the USCIS when applying a second time?

Also does an Affidavit of Support sponsor's obligation cease after the issue of a Green Card? Where can I find detailed information on the obligation timeline for Affidavit of Support sponsors?

Thanks for any help in advance,

Andy

I have a little bit of a different case than most of you here and was wondering if anybody had an answer to what the officer told us and what was meant by it. Trying to explain our situation best as possible below, we're not at all worried about the process that's not the point of this posting... so please bear with me

The background, K1 application etc.

My wife (US Citizen) and I (beneficiary) successfully applied for a K1 visa around 4 years ago, the whole process was trouble free. We've been married now over 3 years and in the begining both lived and worked in the US for about 18 months but decided we'd like to go back to Austria for a couple of years. Being as we left before I could renew my 2 year Permanent Residence Card I had to surrender it at the US Embassy in Vienna, this is mandatory if residing outside the US for more than one year.

The new application in Vienna I-130

We are now ready to go back to the US and filed our I-130 last Friday at the Vienna Embassy directly to the Homeland Security section, we were in and out within 30 minutes and we were greeted with smiles and everybody was very polite. I was told that they had never seen such a well organized application (thanks to VisaJourney's advice on preparing your application), the officer didn't even want to look at the evidence of a bona-fide marriage (bank statements, insurance cards, bank/credit cards from Austria and the US, payslips, contract from our apartment, photos and boarding passes of our many Euro trips) and handed that all back keeping just the I-130, G-325a, photos and the conformation letter of officially surrendering of the Permanent Residence Card.

What the officer told us, the question

The officer took all the paper work and told us that we should hear back within a week or two and then went on and explained that they will be pulling my old files from the K1 and AOS etc. which I have no problem with but could this possibly mean that this could simplify the process? After surrendering the Permanent Residence card does that cancel out the sponsor in the US? My wife and her parents were my sponsors, this would save so much trouble if we didn't have to go through all of the support documents again.

Hope this wasn't too confusing and am grateful to anybody who knows what happens in our situation.

My wife and I were contemplating which type of Permanent Residence Card I will receive after DCF, let me explain.

My wife and I got married using the K1 approach received my conditional 2 year Permanent Residence Card but after 18 months and before having the conditions removed life happened and we decided to come back to live in Europe, I surrendered my card as required if living outside of the US for more than year. Once again we wish to go back to the US as I have received a very good job offer and we will be applying this time for DCF Direct Consular Filing as we live in Europe.

So and now my question:

Does anybody know if I will receive a 10 year card now being that we have been married for over 3 years or does it start again with the 2 year card and we have to then lift conditions after the 2 years?

TAfter you file for adjustment of status, you receive a 2-year temporary green card.

The next step is filing for Removal of Conditions... After you file for removal of conditions, you receive a 10-year permenant residency green card.

Which card do you have now? Have you filed anything at all after you got to the US??

Aya

So yes we did the AOS thing and I received the 2 year green card we however had no interview for the AOS the card just arrived in the post after about 3 months. Anyway after 18 months we left to come back to live in Europe and I surrendered my green card as required if living outside of the US for more than year. Once again we wish to go back to the US as I have received a very good job offer and we will be applying this time for DCF Direct Consular Filing as we live in Europe.

Being as my wife (the US citizen) doesn't have a job yet we would still need a co sponsor, could this be a friend as well?

Did you file for Adjustment of Status? That is the next step after marriage & would generally include an interview to make sure your marriage is genuine...

Here's the guide!

is that when you change your status to permanant resident?

I done this three years ago! Lived in the US with my wife for about 18 months then we left to go live back in Europe.

Do couples ever get requested to go attend an interview in the US, like checking if the marriage is still in order and not fraudulent?

Just wondering, as we have never been called up like we expected we would?

Do couples ever get requested to go attend an interview in the US, like checking if the marriage is still in order and not fraudulent?

Just wondering, as we have never been called up like we expected we would?

When you surrendered your green card you ceased to be an immigrant. You have to start the immigration process over again.

If you're still married then you're eligible for a spousal visa. It sounds like you've been married over two years, so you'd be eligible for an IR1, which would get you a conventional 10 year green card (instead of the conditional 2 year card you get after a K1). However, if your marriage is on the rocks then you aren't going to get a visa this way.

What kind of work do you do, and what kind of visa would your old boss sponsor you for?

I am still married , but separated since a few weeks. I am a graphic designer and he would sponsor me for a H1b

Can anybody help me with this.

Married a US citizen, went through the whole K1-Green card process... lived and worked in the US between 2007-2009 for about 18 months, we both then (still what seemed to be happily married) moved back to Austria last March 2009, officially surrendered my green card at the US embassy in Vienna. Now she has decided that she wants to separate as she needs to live her life, something which I obviously have to accept and get over

so my obvious question is, what rights if any do I have to live get my green card back? My old boss wants me to come back and work for him and would sponsor me, but if that doesn't work out do I have any other options?

Thanks to anybody with an knowledgeable answer to this complicated situation.

I married my wife under a K1 Visa, successfully received my green card, we both lived and worked in the US for around two years. Last April we moved back to Austria, Europe and have been working here for a year. I officially surrendered my green card to the Embassy.

My wife now decides to break my heart and leave me, we are separated since a couple of weeks and divorce is imminent. I was manager of a graphic department and my ex boss would like to sponsor me and go back to work for him, will there be any complications in applying for a work visa being as we are still technically married?

Any advice would be greatly appreciated.

That was really helpful, thank you

You cannot apply for a visa while living in the USA, because you have no legal right to live in the USA right now. If you are from a visa waiver country, you can visit (to go to job interviews, buy a house etc), but you cannot stay in the USA. Still, DCF is very quick (see my timeline as an example), so it is still possible to plan. Also, if necessary, the US spouse can move to the USA as soon as the I-130 is filed via the embassy.

Also, DCF will get you an IR-1, nota K3.

We have been married for over three years now, I (the non US spouse) entered the US with a K1, adjusted status, received green card and lived and worked together with my wife for about two years. We decided to move to Europe for a while and have both been living here for just over a year now, I officially surrendered my green card but now we have decided we want to move back to the US. I know I can apply for direct consular filing to get a new Visa but my question is can we not apply for the Visa in the US? It's just so hard to plan a move anyhow without having to rely on the Embassy and hoping that the Visa comes through in time.

Thanks in advance for any help.

Way to go and piss them off before you've even started your application...

Hi to and rizza! What are those rqmts you are still accomplishing?

well I think we have everything, NSO cert MC and BC, her passport with my surname, NBI clearance, there was a question about having to have a ACR card as I am here for one year on a balikbayan visa only, at first embassy at Manila said you have to be a permanent resident then I pointed out the law saying anyone that can prove six months of legal residency -

here was my inquiry :

So to clarify, you are saying you will not accept my I130 application

even though I have been a legal resident of the Philippines for the last

eight months but do not have a plan to be a permanent resident , I don't

know what office is in my jurisdiction in the US as my residence is here

in the Philippines, when I move back to the US, if I move back, I may

live in Florida or I May live in Chicago and have entertained perhaps

living in Alaska.

" In some cases, an I-130 petition may be filed for an immediate

relative (spouse, child, or parent of a U.S. citizen) with a U.S.

embassy or consulate abroad. Situations where this may be applicable

include:

If the U.S. citizen has been authorized to be continuously residing

within the jurisdiction of the consular office for at least the previous

6 months"

The way I read this is I have in fact been authorized to continuously

live in the Philippines for the previous six months by virtue of a

special visa extended to IR of a Philippines national why would this

exclude me from making my application for my wife to legally enter the

US ? please provide an explanation so I can understand the process

involved

Respectfully

Thomas Krizka

here is the first responce,

The Department of Homeland Security/U.S. Citizenship and Immigration Services (DHS/USCIS) office at Embassy Manila only accepts Form I-130 (Petition for Alien Relative) visa petitions filed by U.S. citizens who have permanent resident status in the Philippines or are assigned full time to the Philippines by their American employer.

Non-resident petitioners must file the I-130 visa petition at the USCIS office which has jurisdiction over his/her place of residence in the U.S.

here is the second responce,

USCIS Manila accepts applications and petitions from an individual who can establish residency in one of the countries listed above. Section 101(a)(33) of the Immigration and Nationality Act defines "residence" as the "place of general abode; the place of general abode of the person means his principal, actual dwelling place in fact, without regard to intent." Residency must be established by the petitioner when filing a petition, or by the applicant when filing an application.

I also sent an e-mail to congressman Vern Buchanen to ask for clarification and if Manila Embassy gets to play by differant rules then whats stated as law.

we'll see i guess anyone else have these issues ?

Basically, yes. See http://travel.state.gov/visa/immigrants/ty...types_2991.html

But, you may not be K-3ing it (this is a non-immigrant visa). See http://travel.state.gov/visa/immigrants/ty...types_2993.html

You'll probably be CR1, right (that is the immigrant visa). See http://travel.state.gov/visa/immigrants/ty...types_2991.html.

In the future, try not to give up your permanent residence unless you intend never to return. The USCIS allows a LPR to be out of the USA for like 2 years without any problem. See http://travel.state.gov/visa/immigrants/ty...types_2991.html

my green card was up for renewal in July this year and we left in May this year, we were told that if leaving the country for more than 6 months that the card status should be surrendered. hmmmm did we make a mistake? there again it might be 2-3 years before returning, we're really just inquiring ahead of time.

My wife (US citizen) and I got married nearly 3 years ago, we lived in NY together after a successful application via a K1 visa. I had no problems what so ever and worked for 2 years till we decided to go back to Europe recently. I officially surrendered my green card at the Embassy in Vienna for obvious reasons.

Our intention is to return back to the US in a couple of years, so my question is:

I presume the only way to return would be to apply for a K3 and complete the process as would any one else even though we have already been down that road with the K1?

Thanks in advance for any help.

a+a

I, Vigo, the scourge of Carpathia, the sorrow of Moldavia, command you. On a mountain of skulls in a castle of pain, I sat on a throne of blood. What was will be, what is will be no more. Now is the season of evil. Find me a child that I might live again.

Amen.

lol

why not just accept the fact that most of you will get a NOA2, why shouldn't you?

Well my fiance and myself went down to Vienna on Wednesday, picked up the results the following morning had a spot of lunch and then strolled down to the US Embassy only to find a long queue as staff were out to lunch. Cool thing was we were even able to jump the queue as they called out US citezens to enter first and my fiance was the only one so straight to the counter and gave in the required docs, told to be seated, called for finger printing and once more asked to take a seat, called up for interview which lasted all of about 60 odd seconds and asked to be seated, called up again to be handed back originals and asked to be seated, called last time with Visa in passport. Lovely service, every body there were really nice. Positive experience. Good luck to all who seek a life with their partners, weather it be in the US or in their home country.

sorry spelling "whether" it be in the US or in their home country.

Well my fiance and myself went down to Vienna on Wednesday, picked up the results the following morning had a spot of lunch and then strolled down to the US Embassy only to find a long queue as staff were out to lunch. Cool thing was we were even able to jump the queue as they called out US citezens to enter first and my fiance was the only one so straight to the counter and gave in the required docs, told to be seated, called for finger printing and once more asked to take a seat, called up for interview which lasted all of about 60 odd seconds and asked to be seated, called up again to be handed back originals and asked to be seated, called last time with Visa in passport. Lovely service, every body there were really nice. Positive experience. Good luck to all who seek a life with their partners, weather it be in the US or in their home country.

I really wish you all the best, but do I understand correctly that you plan on filing for K-1 after meeting her just once ? Or have you met already and I missed it ?

Hmmmm if so I really think this is where some people's start.

Not to preach, but do you really need to rush ?

Good luck

Ana

if intentions a genuine, time is on their side. i myself don't understand how people can fall in love online and know he/she is the right one for them. i've been together with my finace ever since we met except for a couple of weeks or so. but whatever...

Sorry to hear you have to have a shot done....

Were you interviewed together or apart???

Kezzie

Was apart, as far as i can tell.