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Mar and Mur

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    601, RFE response at 141 days, CEAC says AP not Refused

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hello,

    Sorry for your hard struggle. Persevere and you will get the result.

    Our case is similar and we just get an approval email about 30 Mn ago.

    I fact, my wife was arrested in 1994 in Cape Town (South Africa) during a student strike against the apartheid regime. The new president was just elected and all the country was in turmoil requesting the rapid transition. The apartheid regime was still in place. During the nationwide student strike, looters as well were on the road, vandalizing shops.

    Any student arrested was indicted "theft" and sentenced for 3 months prison or R300.00 fine.

    During her interview for immigrant visa on July 2018 in Johannesburg, she was deemed eligible to apply for I-601. This is qualified as petty offense, but USCIS didn't take it as such.

    Responding to the RFE we received on July 2020, I amended the I-601 by introducing the miss-presentation.

    In her visa application, she mentioned that she never been arrested because she was not considering the arrest. I realized that it is a miss-presentation and amended the application.

    We just got approved now after 2 years.

    Please note that I had to seek help from my congressman and the USCIS Ombudsman service.

    Know your case and articulate it yourself. I did not get a lawyer

    Good luck

     

     

    RFE for I-601 with duplicate copies for consular notification.

    in Waivers (I-601 and I-212) and Administrative Processes (221g)

    Posted

    Hey folks,

    For my I-601 I filed back in august 2019, from the Nebraska Service Center, I received an RFE requesting duplicate copies for embassy notification stating this: 

    You are receiving this notice because U.S. Citizenship and Immigration Services (USCIS) requires additional evidence to process your form. Please provide the evidence listed on the attached page(s) include duplicate copies if you are requesting consular notification.

    Anyone has a clue?

    is for us to prepare copy to notify the embassy

    Please Help

    Thanks

    Suspension of Routine Visa Services

    in Coronavirus Covid-19

    Posted · Edited by Mar and Mur

    Hello Fox

    As stipulated on DoS website “https://travel.state.gov/content/travel/en/News/visas-news/suspension-of-routine-visa-services.html” “In response to significant worldwide challenges related to the COVID-19 pandemic, the Department of State is temporarily suspending routine visa services at all U.S. Embassies and Consulates. Embassies and consulates will cancel all routine immigrant and nonimmigrant visa appointments as of March 20, 2020. As resources allow, embassies and consulates will continue to provide emergency and mission critical visa services. Our overseas missions will resume routine visa services as soon as possible but are unable to provide a specific date at this time”.

     This statement is not explicit enough with respect to the immigrant visa cases in which the applicants had completed the interview and immigration medical examination as well but now waiting for I-601 waiver approval and the immigrant visa packet as well  as passports to couriered at home

     Could anyone provide us with more precision?

    Thanks

    Form I-765

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hello,

    Is the I-765 an immediate need? If you have another type of visa granting you permission to work, then you can file the form I-765. The response to the question 27 is related to the status you had before being married to the USC.

    Filing the Form I-765 is not necessary and it is not needed in case of marriage-based green card. It is important that you have your petition I-130 approved first. You will receive a conditional residence green card upon completion of the interview that comes after the NVC step.

    Proof of bonifide marriage

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    Hi,

    The following comment of one of forumist prompted my reaction: " I just don't recommend adding him onto leases and bills that he doesn't live at or pay because that may smell fishy"

     

    The question in the "evidence of bonafide marriage" rend to look over what do you own together as married couples?

    General, within a married couple, every things belong to the couple.

     

    Having name listed on utility bills is not a "fishy" style even though the other member of the couple is not living yet at that address.

     

    In my case, I had my wife's name on all utility bills since the days following our marriage. I also provided pictures of me with my in-laws back in her country. (Picnic, restaurant, airport and beach).

    I provided the last 3 bills of any utility (Water, Electricity, Sewer, Garbage)

     

    They want to see how deep in "living together" you are. Must shed light on how symbiosis living you are.

    The NVC notified me my file is OK and in line for consulate for interview.

    That's for my contribution

     

    Time frame between the NVC completion and the Interview

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted · Edited by Mar and Mur

    Hi

    On January 23rd, our file at NVC was said to be “ready for interview”. Since that day, I call in once every 10 days and I am always answered that the file is not yet on schedule for the interview at the embassy at Johannesburg and there is no time frame.

    Looks like availability of visa number for IR does not necessary pair prompt adjudication

    Is anyone aware about the time frame between the completion at NVC and the interview appointment?

    Thanks

    aos package (merged threads)

    in Adjustment of Status from Work, Student, & Tourist Visas

    Posted

    Hey Fox,

    She might need a letter from IRS stating that you was not required to file federal income tax as her income ($0.00) was bellow the minimum income required, $1050.00 in 2016.

    In this scenario, there is a red flag. She will need to justify how she  lived without income as even if she lived under public charges, that income must be declared.

    My suggestion is to delay the the filing of the I-130 till March 2019 then you will have your 3-year tax records, and you are required to submit only the most recent tax transcript that will be the FY2018

    Good luck

    Upgrading the visa category from CR1 to IR1

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted · Edited by Mar and Mur
    Upload file

    Dear all,
    I am glad to inform the “visajourneyer” family members that, in a letter dated of January 23rd 2019, the NVC has upgraded the visa category of my relatives from CR1 and CR2 to IR1 and IR2, based on our marriage that became older than two years during the processing time.
    In fact, at the very beginning when I first submitted the I-130 petition for alien relatives on July 10th 2017, our marriage was less than two years old for being celebrated on December 31st 2016. 
    In the approvals and all letters received from USCIS and NVC as well, the visa categories were mentioned CR1 for my wife and CR2 for my step-children.
    I learned about the CR and IR visa category difference on the visajourney.com forum I am a member of. 
    Alongside of the supporting documents or the NVC package I sent out on December 07th 2018, I submitted a request to upgrade the visa category as suggested a thread I found on visajouney.com.
    On December 19th 2019, I received a RFE (copy enclosed) stating that “{the immigration and Naturalization Act (INA) does not allow derivative status ……}.
    I responded by recalling the difference between the visa categories CR and IR while providing  copies of the VJ explanation related to CR and IR visa category  (https://www.visajourney.com/wiki/index.php/IR1_and_CR1_Immigrant_Visas  ) as well as the  USCIS page https://my.uscis.gov/exploremyoptions/us_petition_for_immediate_relative.
    On January 23rd, 2019, I am receiving from NVC, a notification letter with the visa category upgraded for CR1 and CR2 to IR1 for my wife and IR2 for my step-children.
    In others words, upon arrival, my relatives will receive a 10 years green cards instead of that of 2 years CR (Conditional Residence).
    Should any visajourney family member having similar case, coming across the letter, governs (himself/herself) accordingly.
    Sincerely
    VJ_NVC_CHECKLIST_IR_Letter.pdf VJ_JHN2018555001.pdf

    NEED HELP WITH EMAIL EMBASSY SENT ME.

    in National Visa Center (Dept of State)

    Posted

    Hi,

    Can you recall if you took the oath prior to your interview? They may have found out that the officer did not administrated the oath.  If it is the case, then you have to. You visa is already approved. Consulate or immigration officers rarely over turn their world. I never seen it anyway. Be confident, show up, deliver the oath you have nothing to lose. Don't delay collection of you passport.

    Thanks

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