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Posts posted by Sockmonkey
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Holy Moly. I finished the I-130 form, and have moved on to the G-325A's.
I called the USCIS line with three questions. The good news was that I only waited on hold for three minutes. The bad news was the girl I spoke to apparently started her job TODAY, and I left the exchange with more questions than I had before. Should've come here and asked you folks first.
1. At the bottom of each page On the G-325A there is a bold box with instructions in the box(es) there, or my UK husband's? I ask because I have come to understand the term "applicant" to mean the Beneficiary of the petition, and I can think of logical reasons for both possible interpretations. Believe it or not, the USCIS girl didn't know the answer.
2. Also on the G-325A: Near the bottom on the left there is a box that asks "This form is submitted in connection with application for:" and gives three options, "Naturalization", "Status as Permanent Resident", and "Other (specify)". I know it isn't the first one, but in my process towards a CR-1/IR-1 or K-3 am I correct to go with "Status as Permanent Resident"? If not, what is the "Other" I should specify? Again, the girl didn't know. She said "I think you're supposed to put the number of the form you're filing the G-325A for" but she didn't sound the least bit sure!
3. Finally, I understood that I am supposed to fill out a complete set of four G-325A forms, and that my husband is to do the same. This USCIS representative volunteered in the course of her non-answer of question #2 (above) that I was to fill in two forms and he was to fill in two forms. Wha???
My final question to her, by the way, was about the whole "Is Yahoo Personals a marriage broker?" question. She said I needed to call an attorney. *sigh* I'm filling out the form in advance today, and I'm just going to check "no" unless anybody gives me a really good, educated reason to say "yes".
Thanks for your assistance with this stuff today. I am eager to finally put something on my timeline and get these forms out the door!
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JenM,
Are you your husband's wife? If so, write your name down as such.
On the other hand, if you decide to not include yourself, I think the USCIS will figure it out.
Yodrak
As a matter of fact, I am.
I asked because I have obviously already identified myself on the form as his wife. Didn't want to be redundant if it wasn't expected of me. Thanks for the verification.
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First, congratulations on the recent approvals!
I am filling out our I-130 today. On page 2 it asks "List husband/wife and all children of your relative".
I am the wife/petitioner. Should I include myself on this list?
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After reading so many things here that contradicted what I gathered from my own inquiries, I got curious and called US Customs (877) 227-5511. I wasn't on hold for very long at all, and the woman I spoke to was both patient and polite. She gave me the number for the Customs people at my husband's intended port of entry in Newark (973) 645-3239. I spoke with an officer right there at the "gate". After I explained my situation, he told me what he personally would consider good evidence to permit entry - it wasn't very much at all. He cautioned me that he knows of other officers on his rotation who are much stricter, and advised me to call back on the next shift and ask the same questions of another officer. I did, and this one said he'd require a lot more. He stopped me when I said my husband lives with his parents (father is ill) and said that without evidence of a lease or mortgage, he simply wouldn't let him pass.
Yeah, I think I'm just going to go to England instead! I convinced Continental to give us credit for his ticket even though it was no refund/no exchange fare, and we will be able to return all of our attraction tickets and get a refund on our hotel without a problem. Lesson learned, and with little damage all things considered. Thanks everybody for your input. We're just not adventurous enough to attempt it.
Sorry I've been a spazz since I signed on. I'm starting to get a grip and a plan, so I'll be much less manic henceforth!
Jen
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Whoa. Did I just see in another new thread that the I-485 has to be filed with the I-130? I read the K-3 guide here on VJ, and it only said to include the G-325A. I thought the I-485 came later. Am I wrong?
Also, when sending the G-325A, IF THE SIGNATURE AND DATE IS IN INK, can the rest of the information be photocopied? It would be a huge timesaver if the details could be filled in only once and the form copied then signed individually.
I spoke to two attorneys and also called the USCIS site this morning, and have finally clarified the travel issue I posted about (incessantly) over the weekend. Here's the deal, according to all 3 sources:
The problem with my husband visiting me is not that there is a petition in progress, it is that we are married. A husband or wife entering the US to visit a USC/PR spouse is assumed to have intent to immigrate, and is therefore not supposed to attempt entry. The reason why the pile of documentation to prove he/she will return to their home country is still an "iffy" proposition because technically it isn't allowed.
As such, my husband and I have decided to go ahead and file the I-130 and get this monster moving (thus my questions, above). As for our trip, we will simply have to cancel. This is very, very traumatic. Why isn't this travel rule made clear on the State Department/USCIS websites? I know there's no good answer to this - unless of course it is in there someplace and we simply didn't know where to find it.
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Hi Jane and Jeff.
I'm new, too. Welcome and good luck. I look forward to sharing the process together.
Jen (USA) and Richard (UK)
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Is there anybody here whose Beneficiary had his/her interview in London/UK? What sort of questions were asked? How long did the interview take, and what was requested in terms of documentation?
This question is coming waaaaay in advance of when we'll need it, but it will help us to know what is most imperative for us to save, and what we need to do/get in the next few months that we don't already have. Thanks in advance for your input!
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Thanks, everybody who answered this thread - both on and off the board. For the moment I think we're going to start the process alone ... well, not truly alone, as we have you folks here to keep us company as we go.
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read the instructions for both the I-130 and the I-129F for K3 petioners/applicants. There is No need to send "proof of relationship" with the petition packages. The only "proof of relationship" needed for the petition for a spouse visa is the marriage certificate. Any other proof is only required at the beneficiary's interview much later. Don't confuse the instructions for the fiance visa with the spouse visa.
At the interview they may ask for photographs, passport stamps, travel receipts, etc etc etc...find out from others who have interviewed at the same consulate what they needed and were asked for at their interviews.
Meeting on the internet is no longer a "red flag" to most adjudicators. It happens more often than not these days. However, if either you or your spouse have never met each other's families, this could be a red flag. If you've only met each other once or twice before you got married, this could be a red flag, but not always, it depends on the culture.
A-ha! This is very helpful stuff. Okay, so we don't need "proof of relationship" until the interview. Great! We have at least two visits before then, and on one of them I will be staying first with his parents, and then with his brother and sister-in-law. So that's more mingle/photo time with his family, and we've got lots of wedding photos to show we were married at my parents' house in the presence of my family. There's been lots of correspondence between each of us and the other's family as well. No sweat.
And thank God I just compulsively keep receipts ... .
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Jersey Girl, you're a gem. And thanks for your own take on things, CutienPurg.
I'm inclined not to risk it and just wait until the next trip is over. I would gladly change the plan and go to the UK, except that it's a prepaid vacation package with no chance of refund. We'd be losing about $3,500 if we cancel. I'm somebody who has to have something solid to project ahead to, so at least if I tell myself I'll be in the UK for Christmas I won't feel as bad for having to wait to submit the I-130.
My husband probably wouldn't be able to bring enough documentation with him to "prove" he isn't abandoning the UK when he visits. He lives with his parents right now because his father had a heart attack recently and his mom couldn't care for him alone. His dad is better now, but once we met he continued living with them to save money for our own plans. That lack of a mortgage or lease (and utility contracts) would make his chances of getting in very dicey. We want this process to go as well as it can, and to be turned back at a POE would be beyond traumatic, especially since this trip is basically our honeymoon (he had to return to the UK two days after our wedding).
So it looks like I'll be mostly just lurking here for a while. I'll have nothing new to report, so I won't waste everybody's time with my personal chatter!
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Thanks for that. It was very helpful. I think I will consult an attorney, just so I can at least be assured that our case is a straightforward as we think it is. Knowing that some attorneys might offer a half-and-half plan such as the one you describe is comforting, too. As this process wears on we will no doubt become more confident in the Immigrations environment, so we may not feel the need for help down the line.
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Stupid question, perhaps, but can I visit him in the UK?
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Thanks so much for you answers, Jersey Girl, and for your very poetic "Sanity Plan."
Well, it has in fact hit home that my husband and I will simply have to wait to file the I-130 until after he leaves here from his next visit. Oh, man. I know this feeling is probably old news to you guys, but if you can remember what it felt like when you first found out then please accept my apologies for thrashing against it in my last couple of posts. Well, I suppose it gives me that much more time to beef up my savings and get some bills paid down. *Think positive, Jen, think positive*
(Another sobering thought is that) Yahoo Personals is apparently considered a Marriage Broker?! Ha! hey, if I met him during a free 7-day trial, does that still count?
I keep telling myself that in a few weeks/months I will be as calm and matter-of-fact as the majority of you here. It sure is hard to imagine that now. At least in the end we'll be approved, right? I mean, provided we have no criminal backgrounds, no serious illnesses, can show we are productive members of society and have the resources to support ourselves ... . Please tell me I'm right about this, at least. I really don't want to move to England (beautiful country, but such high COL and such limited opportunities).
Oh, and JG, congratulations on your approval. That's really wonderful. Gives me hope!
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I just read on another thread that it is apparently a bit risky for the immigrant to visit the US spouse while the K3 is in process. We are about to send in our I-130, and this worries me because my husband already bought a rather expensive plane ticket to visit me this autumn. When he came last month for the wedding (a regular tourist visit), he was barely even spoken to at the POE ... how would they ever know if he had a visa in-process or not?
If the ticket he holds is a round-trip fare, is that not good enough "proof" that he intends to return to England ... or at least as good as anything else he could carry with him?
Is this "can he visit?" thing a question that the USCIS call center could address conclusively? I'm surprised that I have been unable to find anything "official" about this topic on a government website, because I'm sure it's a common question.
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Kind member Morocco4ever just mentioned in another thread that there are certain "red flags" that might complicate the process, including meeting the SO on the internet or if "sponsor knows family of applicant".
Hmmm. Well, I did meet my husband on the internet. But to help prove it's the real deal, we have letters from both families detailing our meeting(s), photos of us with each other's families, and proof that we got married in my parents' home. We also have correspondence between he and my mother, and me and his mother and sister-in-law.
And jeez ... "sponsor knows family of applicant" ? I would hope they would want me to know his family if I legitimately married the guy!
Are you better off if you include more information/documents than they need, or does it bog down your file and slow the processing? I would be more likely to give them too much information than not enough, but I am curious to know when that works for me and when it works against.
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Hi, there. My name's Jen, and my new husband and I are just beginning the whole K3 process this weekend ... the complexities seem staggering right now, and I'm wondering if we might be better off just hiring an attorney. Would anybody mind sharing some pros and cons about going that route? Regrets for the path you've taken either way? How much will this probably, honestly cost us with and/or without an attorney?
And in case we do go it alone:
Is it true the AOS process can be started well before the K3 is complete? At what point can we begin it? My husband has a good savings and I have a decent job, but we can't wait forever for him to start working, if for no other reason than he is the kind of guy who needs to be busy and feel like he has a purpose!
Also, I just sent my passport to be corrected after our July 2006 marriage, and it will be at least a month before I get it back. Should I wait to send in the I-130, or is the other option of sending in a copy of my birth certificate really just as acceptable? I'll end with the mother of all silly questions ... are color copies preferable to B & W ones when sending in any sort of documentation?
I can't tell you enough how glad I am to find this forum. Ay yi yi, this is crazy stuff.
Love's a powerful thing, ain't it?
A couple of I-130/G-325A questions
in K-3 Spouse Visa Process & Procedures
Posted
Holy Moly. I finished the I-130 form, and have moved on to the G-325A's.
I called the USCIS line with three questions. The good news was that I only waited on hold for three minutes. The bad news was the girl I spoke to apparently started her job TODAY, and I left the exchange with more questions than I had before. Should've come here and asked you folks first.
1. At the bottom of each page On the G-325A there is a bold box with instructions for the "Applicant" to enter his/her name. On my set of forms, should that be my name, or my UK husband's? I ask because I have come to understand the term "Applicant" to mean the Beneficiary of the petition, and I can think of logical reasons for both possible interpretations. Believe it or not, the USCIS girl didn't know the answer.
2. Also on the G-325A: Near the bottom on the left there is a box that asks "This form is submitted in connection with application for:" and gives three options, "Naturalization", "Status as Permanent Resident", and "Other (specify)". I know it isn't the first one, but in my process towards a CR-1/IR-1 or K-3 am I correct to go with "Status as Permanent Resident"? If not, what is the "Other" I should specify? Again, the girl didn't know. She said "I think you're supposed to put the number of the form you're filing the G-325A for" but she didn't sound the least bit sure!
3. Finally, I understood that I am supposed to fill out a complete set of four G-325A forms, and that my husband is to do the same. This USCIS representative volunteered in the course of her non-answer of question #2 (above) that I was to fill in two forms and he was to fill in two forms. Wha???
My final question to her, by the way, was about the whole "Is Yahoo Personals a marriage broker?" question for the I-129F. She said I needed to call an attorney. *sigh* I'm filling out the form in advance today, and I'm just going to check "no" unless anybody gives me a really good, educated reason to say "yes".
Thanks for your assistance with this stuff today. I am eager to finally put something on my timeline and get these forms out the door!