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PHaze

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Posts posted by PHaze

  1. Ok, I will try to clarify my question. I am asking about the admission date with regards to the following paragraph below from the deportation guidelines, I am also trying to understand if the burden of proof changes from the immigrant to the atty general after this date, that is the confusing part for me, who has to prove or disprove fraud? I thought the two year count down began at the time of AOS approval, and was not tied to admission dates, but this seems to indicate otherwise. I guess in this context "any admission" would include the first k1 admission. I am also assuming judicial termination includes divorce.

    Thanks for all the responses so far.

    [14] Fraud – marriage fraud conduct. A noncitizen is deportable for visa

    fraud, and as being present in violation of law if:

    The noncitizen has obtained any admission on the basis of a marriage

    entered into less than two years prior to the admission, which within two

    years after any admission is judicially annulled or terminated, unless the

    noncitizen establishes to the satisfaction of the Attorney General that the

    marriage was not contracted for the purpose of evading immigration law.

    9 8 U.S.C. § 1324c(d)(2)-(5).

    Deportation Grounds Checklist 11

    INA § 237(a)(1)(G)(i), 8 U.S.C. § 1227(a)(1)(G)(i). NOTE: No conviction

    is required to establish this ground of deportation.

    The Attorney General finds that the noncitizen has failed or refused to

    fulfill his or her marital agreement, which the Attorney General believes was

    made for the purpose of procuring the noncitizen’s admission as an

    immigrant. INA § 237(a)(1)(G)(ii), 8 U.S.C. § 1227(a)(1)(G)(ii). NOTE:

    No conviction is required to establish this ground of deportation.

  2. My question is regarding the meaning of the term "admission" to the US for someone coming in on a K1 visa then adjusting status later. Is the official date of admission the day that person comes to the USA for the first time with the K1, or is it when they get the adjusted status of an immigrant? There are laws on the books that refer to this date of admission so it is important to know. Also what if someone gets the green card then leaves the country and comes back? is that a new date of admission? the use of the term is little bit unclear.Thanks.

  3. Thanks for all the replies, it really helps. What I have understood is that there IS a way for us to get married past the 90 days if we choose to take that route. I like "no teeth". Thanks again.

    Well goody.

    But I didn't say 'no teeth' so that you'd go out and do it. I still fail to understand why you're having a hard time getting married w/in the 90 days.

    If its because you feel you don't know your fiancee well enough yet, then shame on you for starting this process in the first place.

    But I guess I'm expecting too much if I thought you'd have a conscience.

    TracyTN,

    Don't mistake your apparent bitternerss for some high moral pulpit you can judge others from. You know absolutely nothing about us, or our particular situation.If you have a problem with overly fexible immigration laws (with "no teeth") perhaps you should get into politics, then you can really do something useful to combat those who "lack conscience" instead of dishing out insults here. To all others who witheld judgement, I sincerely thank you for the information. I found it useful.

  4. Can someone please let me know (or point me to a FAQ or guide) which contains information on extending a K1 visa. I dont know if it is strictly forbidden or if some have ever had any success for any unique circumstance or miraculous feats, or luck.

    I appreciate all info on the subject, as you might have guessed I have have a fiancee here and our three months is running out, and we need more time!! thanks!

    Phaze,

    From the time the K-1 visa is approved/issued to the beneficiary - he/she has 6-months to enter the US. Once entered, he/she has 90 days to marry the petitioner. That's a total of just under 9-months worth of 'delay.' Do you mean you would need longer than that? (Your timeline doesn't indicate US entry yet.) :star:

    *If past the 90-days (after entry to US) you can still get married and file AOS, but you'll need to file additional forms (I-130) and could experience additional delays but it's still doable. :thumbs:

    Thanks for all the quick replies. She is here now and 90 days is up on Aug 27th.

    You mentioned * we can get married after the 90 days and still be ok. Any idea how far after we can go and what trouble we are in for if we do this? Say if we get married Oct. 1 or something like that?

  5. Can someone please let me know (or point me to a FAQ or guide) which contains information on extending a K1 visa. I dont know if it is strictly forbidden or if some have ever had any success for any unique circumstance or miraculous feats, or luck.

    I appreciate all info on the subject, as you might have guessed I have have a fiancee here and our three months is running out, and we need more time!! thanks!

  6. I'm getting the packet together to send to Ilyana for her interview on May 18th and I noticed that the I-134 form expires April 20th or 30 , i'm not sure. But anyway, what's the deal here? If I mail it next week, will it be accepted at the interview expired?

    Ronnie, Coinidentally my fiance and yours will both be in the US embassy for their interview on the 18th, so small world. About your question, the I-134 is not a requirement for Russia and you likely wont even need it. I am not doing one. If they need it they will ask for it. This is what the Packet 3 says as well as the expert I have advising me on the Visa, and he has been 100% so far. I am in Moscow now but likley wont stay here until the girls go in. Best of luck to you and Ilyana.

  7. Hello, My Fiance and I are together in Moscow for the month, and she is waiting for her packet 3 to be mailed to her in her city (not Moscow) at this point. Based on timelines we predict it will happen in the next couple of weeks.

    Since we are right here in Moscow for a while, it dawned on me that perhaps we can pick it up at the US embassy instead of waiting for it to be sent to her. They have a pretty snazy express line for US citizens here which I have taken advantage of before. I guess I am thinking it is worth a try, and if not then no harm done. But I know this whole process is a little touchy. Has anyone here considered doing this, or done this in the past? Any information is greatly appreciated.

    BTW, does the packet 3 usually contain the interview date?

    Thanks!!

  8. I did not get a email on my NOA1 I sent my 129F in on 11/22 and my check posted online 12/6 The bank web site said they receive it on 12/4. I got the case number off the back of the check online and went to the gov web site and found out they mail my NOA1 out and i receive that in the mail today 12/7

    so it was 15 days since i mail out my 129F to Texas and receive my NOA1 in the mail, They also sent my packet to California from texas, I hope this info helps, Kyle

    Kyle,

    thanks for the info, it looks like our cases are similar. Same SC with us both being in florida and sent a few days apart. I will keep on the lookout then. Did you use the regular mail to send in your packet? Where is your Fiancee from?

  9. Nope no e-mail NOA1s. Gotta get the reciept number and make an online account to see the NOA1 online.

    thanks that information is very helpful (and fast!), this is a great forum.

    I guess we are all in the same boat and I will probably be insane by the time this is all finished. At least my darling will be here to nurse me back to sanity once it is all over.

    I will look online that once the check is cashed.

    Does anyone know the average time from when the packet is sent to when the check is cashed? Do they cash it before forwarding to CSC or will I have to wait for it to get forwarded?

    Thanks.

  10. I see in some peoples timelines that they got an electronic notification of NOA long before the snail mail one.

    How does this happen, do they email you the NOA based on what you put on the application? Do all UCSIS offices do this?

    I know you can check on line the status but not until you are assigned a case #, correct?

    On average how long does it take to get some sign you are in the system, cashed check, email, or whatever is fastest.

    Now I wish I used fed ex instead of certified mail, I hate the thought of my packet not getting there (however unlikely)

    Thanks!

  11. #10 ask for numbers of certificate (Naturalization) is this the INS Registration # or the RED number on top of my Certificate?

    Any idea on this? I'm assuming they are asking for INS Registration #.

    If you are born in the us and included your birth certificate I believe you leave it blank. I was told it is only used for the naturalization certificate.

    I left it blank.

  12. I am a part time resident in Moscow Russia and am planning on getting married here in Russia to my Russian Fiancee. Could someone please tell me if we might be eligible for DCF here in Moscow?

    If not then what is the fastest way to get my (soon to be) wife to the USA. I am new at this process and am just beginning to learn of all the options.

    If I contact the colsulate here in Moscow will they be able to answer my questions adequately or will I just get the typical bureaucratic run around?

    Thanks for your help.

    Jeff

  13. I would like to do a K1 Visa for my fiancee, and while it seems stright forward enough I would like to enlist some professional help. Not necessarily a lawyer, just someone who know what they are doing and can avoid mistakes that can add time to the process.

    Has anyone here used such a service that they were happy with. Maybe one that has a good reputation and is priced fiarly.

    If there is a list of such services somewhere on the site could someone please point me in that direction.

    Thank you.

    Jeff

  14. I looked for a good while but couldnt find a simple list of states with which US CIS serviced them. Can someone please enlighten me or point me to the right place. I live in Florida. I guess I am assuming because of Proximity it would be Texas.

    Looks like I will be submitting a K1 application soon.

    Thanks!

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