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Allie D

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  1. Like
    Allie D reacted to Gosia & Tito in My brother was denied F1 Visa because of my citizenship help   
    Exactly.
    OP: I believe that is the root of the denial. Student visa applicants have in the vast majority of cases already been accepted into a college/program, then that college provides paperwork as to the acceptance and this paperwork plus documentation supporting the financial aspects is what leads into the visa.
    In your original posts, you noted that he would study "aviation or accounting", which seems to be saying he is not accepted into a college yet and he would only later decide and apply. There is no guarantee of admission into a college, except for private ones that will take you as long as you pay their tuition. Aviation is very expensive, and there are very constraining rules for foreigners (thanks to 9-11), which esentially have closed the field for all but rich foreigners. Accounting means a 4-year college, and an admission process.
    Admissions don't happen overnight, even if he is inthe US it would be a 6-7 month process. What would he do for that pereiod of time. The student visa is granted to start studies within a short period of time, couple of months usually.
    I believe that is the problem here. You don't just go asking for a student visa, to come into the country and then figure out what would you study. Even for non-college type of studies, inclusive to aviation. The prospective student has to be accepted first. Otherwise is kind of asking for a fiance/e visa without having a fiance/e and then come to the country to 'find' one.
    SO, for specific advice: your brother has to go to an admission process to a school/college, then be accepted, then can he ask for a student visa. With the financial supporting documentation; and here is where your aid might kick in: if the college is in the area you live, you can offer a housing support for example, which reduces his overall financial liability.
    The college/school will provide him, during the admission process, the estimate costs of living, tuition, insurance, etc; such that it is clearly spelled out how much money -minimum- per year he must have to support his studies. Then he provides strong documentation that he has those financial resources, then the possibility of a visa is strong.
    I don't believe, like others have noted that the fact that you are a citizen would count as much at that point -a lot of first hand experience here-; but it does when there is no specific admission to a program.
    Good luck
  2. Like
    Allie D reacted to ShirahBet in My brother was denied F1 Visa because of my citizenship help   
    As an impartial bystander, I do think you are ignoring some important information: there was nothing that your brother could have done to change the CO's mind. As it has been said before, the mere fact that you were a foreign national and now have become a USC has worked against your brother.
    Does it seem backwards? Perhaps. Does it SEEM unfair? Perhaps. But none of us are trained Consulate Officers. To them, they are protecting the interest of US citizens and the United States. When someone is attempting to travel or even immigrate from a country where conditions are less than desirable, the consulate will be even more harsh and use their discretion in order to protect the US. That's the reality. So, while your intentions (and likely your brother's intentions) were and are good, it still means that unfortunately, at this time, your brother will not get to study aviation or accounting in Ohio; perhaps there are other options that your brother can look in to that don't currently involve the United States?
    Traveling one time to France is not going to prove anything. I would imagine that a longer history of international travel with returning in a timely fashion (prior to visa expiration) might go to establish a strong pattern, especially if you have relatives in other foreign countries. There is no one thing that will change the mind of the CO at this point.
    I really do wish him the best of luck.
  3. Like
    Allie D reacted to KurosawaSan in K1 visa denied bc of Section 212, likelihood of getting F1 visa?   
    Means the individual was previously in J-1 status in the US that has the 2 year home residency requirement attached to it, based on (1) skill list, (2) program or (3) funding source. The individual cannot apply for any immigrant visa before 2YHRR is completed or waived.
     
    Chances for an F-1 are pretty slim at this point. With K-1, she declared immigrant intent. Once she will go to the F-1 interview, she carries the burden of being with non-immigrant intent. Both a previous denial for a K-1, and a future marriage to a USC defeat the whole non-immigrant intent point, so I would say - wait out 2 years, then apply again.
  4. Like
    Allie D got a reaction from notquitesurehow in Please Check My Cover Letter for I-485 (from K1)?   
    You don't need to submit a certified true copy of your birth certificate with your AOS packet. A photocopy will do. Bring the certified true copy to your I-485 interview (if you are given one - some people are approved without).
     
    Tax returns for the most recent year (2016) are fine. That's what my husband, the petitioner, submitted.
     
    I didn't adjust from a K-1 visa so I can't comment on your other questions. It might be a good idea to include more supporting evidence (e.g. wedding pictures, rental lease in both of your names, joint utility bills, proof that your spouse has added you to employer-provided benefits, etc). Since you got married recently, you might not have had a chance to accumulate such evidence.
     
    People who adjusted from K-1 will have more insight. Good luck!
  5. Like
    Allie D reacted to Villanelle in new here, for the second time....   
    Hmm, well I guess I agree that logically assumption is not proof (of fraud or anything else). But everyone seeking a visa has presumed intent to immigrate unless they can prove otherwise. This is fact. 
     
    So he has to prove hes going to use the student visa as it is intended. For going to school and then returning home. When you have a partner or romantic interest in the US, it makes it harder to obtain visas that require you to return home. He can argue that she is not free to marry, so she can not sponsor him, but I dont think that small detail matters. She can easily obtain a divorce while hes here and marry and file for him. He would have to overcome that assumption. 
     
    Because that Embassy is very tough- I dont see it happening. Who would be paying for the school? Can he show all the money needed for it is coming from his bank account and she had nothing to do with it? Hed obviously be going to a school near her proximity wise, so hed be going to school as well as furthering the relationship. If he does get the visa he most likely will be eligible for a status change while here. And thats fine when its a stand alone fact. But the assumption will be he intents to use the student visa to get to the US - where he will then (planned) change status via marriage. That means he does not intend to come back- so he cant have the student visa. 
     
    You see the same things with people trying to get their parents visitor visas. A lot are denied because they "assume" the parent will travel to the US as a visitor and then stay to adjust. 
     
    He can even get the student visa and then be turned away at the border for immigrant intent. If the OP has the means- she should travel there as much as possible. Face time is big thing with that Embassy.
     
  6. Like
    Allie D reacted to LionessDeon in Adjustment of Status Fees   
    "Note: Applicants filing for this benefit at the same time or while an Adjustment of Status (I-485) application is pending are not required to pay any fee as it was included in the "total cost" of the I-485."
     
    https://www.uscis.gov/forms/our-fees
     
    I-485  $1,140
    Biometric fee   $85.00
    Total    $1,225
  7. Like
    Allie D reacted to Sim.Arnold in AOS September 2016 Filers   
    Oh yeah, that would have been good information -- it did work out, we were approved and now we just wait two years to lift conditions! 

    It sounds like a great plan -- I don't love driving either, especially since we live in Southern California. We'll look forward to good news from the other side of the interview! 
  8. Like
    Allie D reacted to Sim.Arnold in AOS September 2016 Filers   
    I totally hear you about bureaucracies and the challenges of moving. When I filed for my K-1, my husband was looking for a job and living with family, so I used that address. By the time I arrived, he had found a job and was living with his dad to save money but his parents were about to sell the house. The officer at my point of entry gave me a hard time about the address I was going to not matching the one on my paperwork (filed 9 months earlier, heaven forbid anything change in that time). 

    As for the interview, our drivers licenses have different addresses as well, since we moved recently and my husband's (US citizen) license is still valid (and he's lazy). We had a copy of our lease with both our names on it, copies of our bank statements, health insurance, car insurance, and 401k. We didn't have bills because we had just moved that month. My husband used his as his photo identification and the interviewer still asked for his passport or birth certificate so he could verify his citizenship. The interviewer was confused about our address because we've moved twice since I arrived in the US and had filed a couple changes of address, but it was completely unrelated to his drivers license and he was only interested in making sure the right address was on file. 

    Looking at your post history, it looks like your husband is the US citizen, so the only reason he might need his drivers license during the interview is for photo identification, in which case he can just bring his passport you'll have your passport too, and it will also verify his citizenship (though take his birth certificate anyway). Worst comes to worst you explain the situation. Good luck! 
  9. Like
    Allie D reacted to sparkles_ in My spouse and I have different addresses on our W2s (not where we currently live). AOS interview red flag?   
    In our interview this happened to us. I never changed my DL from my mothers address, in order to keep getting a lower car tax rate. The IO was fixated on this til I finally just told her why. Seems like if you can reasonably explain things you will be fine. I told her I had zero plans to change my DL address til my car was paid off. 
  10. Like
    Allie D reacted to DrEllaNJ in My spouse and I have different addresses on our W2s (not where we currently live). AOS interview red flag?   
    do your drivers' licenses have the same address? If not (yet), it may make sense to update those, so you can verify your identity with prove of same address from the get-go. 
    We had just moved prior to our interview, and my husband still had a DL with our old address (NJ doesn't give you a new one when you update your address online) - but he had a printout reflecting his change of address. The IO did ask us why we moved and how much rent we paid, but it didn't seem to be a red flag. You seem to have a ton of other evidence, too, and having the lease with both your names will be good supportive evidence.
  11. Like
    Allie D reacted to Redheadguy03 in My spouse and I have different addresses on our W2s (not where we currently live). AOS interview red flag?   
    You seem to have tons of other evidence. You should be ok. Heck, my car registration is permanent tags, so when I moved I didn't change it because I didn't have to. For me it's a cost issue.
     
    Prepare in case it comes up, but I think you should be fine. You've got a legitimate reason. 
  12. Like
    Allie D reacted to Jordan8768 in Marriage-based AOS: Mistake on I-485 discovered prior to interview   
    I would assume that's either your receipt number or maybe alien number?
  13. Like
    Allie D reacted to p-ana in Marriage-based AOS: Mistake on I-485 discovered prior to interview   
    The b option is not for you since you are not a derivative from someone adjusting status. You're adjusting because you're a spouse of a us citizen, option a us the right one
  14. Like
    Allie D got a reaction from Ebunoluwa in Joint bank account and trust - adjustment of status interview   
    Thank you for the thoughtful advice!
     
    We really should get a savings account. I've heard about higher interest savings accounts, CDs, etc. for which you're not allowed to take any money out for a specified period of time. We should investigate those since that might give us a better incentive to save.
     
    We started our joint account a few months ago (we got married last July). Although we don't have many statements now, we should have solid proof by the time ROC comes around.
  15. Like
    Allie D reacted to Tanish in Joint bank account and trust - adjustment of status interview   
    I'm sorry to hear about your family member's misfortune. Hope everything was sorted out.
     
    It all depends on how you use it. Everything in moderation can be good and excessive can be detrimental. If you use it only to pay your bills, or pay off some furniture or any equipment with payment plan (with 0% interest, of course) then it would be beneficial.
     
    All I would say is, before deciding anything based on anyone's opinion; do a thorough research about pros and cons and take your own decision.
     
    Good luck and have a very happy and fulfilling married life ahead.
  16. Like
    Allie D reacted to Jordan8768 in Marriage-based AOS: Mistake on I-485 discovered prior to interview   
    That's correct from what I understand. They'll ask you questions about the forms and probably just ask why you filled it out incorrectly and you'll tell them
    and it'll be fixed. The only reason your case would be denied is because of the payment or something huge. Not one box on the form
  17. Like
    Allie D got a reaction from geowrian in I need help locating the right visa   
    As a foreign national adjusting from a F-1 visa, I can attest to this. As @Roel has mentioned, your girlfriend will have to prove that she has been admitted to an institution and has the finances to support herself before getting the visa. This process has to be independent of your relationship with her.
     
    A tentative campus job is not enough. One option for financing a F-1 visa is to get financial aid from a university, which is how I financed my undergraduate education. However, this process is extremely competitive as few higher educational institutions offer scholarships or aid to foreign nationals. She also doesn't qualify for federal aid.
     
    When your girlfriend starts her university education in the USA, she is eligible to work on campus only. USCIS has information on employment on a F-1 visa. Campus jobs, at least those for undergraduates, do not pay well enough to cover the expenses of a university education. The pay for undergraduates is close to minimum wage (or at least was at my university in the northeast) and USCIS limits foreign nationals to 20 hours/week except in "emergent circumstances". See the above link.
     
    However, you mentioned that your girlfriend might have an undergraduate degree. It's easier to get funding for PhD programs, if your girlfriend has the necessary qualifications. Unlike undergraduate and Master's programs, many universities fully fund their doctoral students with teaching assistant positions, fellowships, and research assistant positions. Would your girlfriend qualify? If she is admitted to a PhD program, she can show USCIS that her university will provide the funding.
     
    With regard to working to send her family money once in the USA: After completing one year of full-time studies, your girlfriend can work off-campus using Optional Practical Training (USCIS info). This is only valid for one year unless your girlfriend has a STEM degree, in which case she can work for three years in total after graduation without a H-1B work visa. Many students choose to work full-time jobs off campus after completing their undergraduate studies. For example, I worked for a software firm. Others use the OPT for summer internships in the USA.
  18. Like
    Allie D reacted to TL2016 in ready to be scheduled for interview   
    Ready to be scheduled for an interview does not have to mean that you'll get an interview soon. It 100% depends on your field office and can range anywhere from a week to 9 months+ of waiting time before getting an actual interview appointment. All you can do is wait and hope for the best.
     
    Edit: After checking your timeline, your office is one of the fast ones. They were working on cases from the end of August back in February so you can probably expect your appointment somewhat soon.
  19. Like
    Allie D reacted to Jordan8768 in Marriage-based AOS: Mistake on I-485 discovered prior to interview   
    I would personally call them and get their opinion. The likelihood is that you will just need to correct them at the interview 
  20. Like
    Allie D reacted to Cyberfx1024 in US citizen's criminal record (AOS interview)   
    Sorry I did not read that correctly my bad. He does not need to bring it to the interview.
  21. Like
    Allie D reacted to Ontarkie in US citizen's criminal record (AOS interview)   
    His record is not needed, he is the USC and not the applicant. 
  22. Like
    Allie D got a reaction from Asakelove in Pictures?   
    Photos aren't necessary for filing your AOS packet but are good to include, since the immigration officer will have reviewed your application materials prior to the interview. He/she will have some impression of your marriage due to this. The stronger the impression, the more smoothly and quickly your interview will proceed. The interviewer has limited time during your appointment to collect and assess new material. I wonder if sometimes, people aren't approved on the spot because the immigration officer finds it necessary to collect new evidence brought into the interview and then has to assess these afterwards.
     
    My husband and I sent 10 annotated photos with our application. We are going to bring those alongside more recent photographs to the AOS interview.
  23. Like
    Allie D reacted to NikLR in alien number/USCIS number   
    no. Alien number or A# will be given to the immigrant on the immigrant visa. 
  24. Like
    Allie D reacted to ricky90501 in Do we need a letter from my husband's employer (AOS interview)?   
    Because employers get these requests all the time they often issue standard letters that state that the employee is employed full time as a ______ and annual salary. Your husband probably just needs to request one from HR and he can probably get one pretty quickly.
  25. Like
    Allie D reacted to geowrian in Do we need a letter from my husband's employer (AOS interview)?   
    The I-864 requires evidence to support the information provided on it. To prove current income, there is no single piece of evidence. A letter from your employer with the requested information is one piece of evidence. Pay stubs are another. It does depend on how strict they want to be...lack of pay stubs may mean you no longer have the job. Lack of the employment letter may mean you were only recently hired or may only work part of the year or part time, so the income may not be intended to continue throughout the year.
     
    It's recommended to provide everything so there is no possible questioning of the sponsor's income. You can be approved without any individual piece. They may not even look at any evidence. You also may not be approved pending sufficient paperwork. Personally, I think you'll probably be fine without the letter, but I would still recommend bringing one - "probably" is too risky for my taste.
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