garyandkris

still waiting.............

We just received an EAD approval email from CRIS. You must be next in the queue, surely.

I haven't heard back from my congressman's office after leaving a message earlier today, but I suspect it was their prompting which got things moving again. Hope you have the same luck.

You shouldn't have any problems. The K3 visa (until it expires) lets you reenter the US even after filing for AOS.

http://travel.state.gov/visa/laws/telegram...grams_1431.html

I'm not certain what they do with the I94 as my husband hasn't tried to leave and reenter the country yet.

I'm very sorry you've lost your mom.

Did you call your congressman to follow up? That's what I did. You need to push CSC. They are holding on to a big stack of EADs because they said they did not get biometrics from ASC until July 12th. The date was given to a few of us so I'm thinking it was an error on CSC's part. Please let us know what you find out.

Oh did you go to an infopass???

I only just received the letter from my congressman's office on Saturday stating that they'll make an inquiry for me. I might give them until the end of this week before ringing and seeing if there's any progress. If they can give me any info, I'll pass it along.

Sounds like it could be an ASC or a CSC error, but I'd lean towards CSC as well because of their astonishing track record for this sort of thing.

Congrats on the EAD approval!

MariaDane, your three-month-old little bundle of AOS is sooooooo cute. Have you given her a name yet?

Congrats! One less thing for you to worry about.

I've heard naught back from my congressman's office, nor has my husband's application been touched. I'm resigned to the fact that nobody in the known universe wants my husband to be employed but me.

The important thing is that at least he's here with me during this particular immigration limbo. (because it means I have someone to moan about it to besides the cat. )

Here's one worse than all of you....150 days and still waiting !!! NOA 1 was 03/14/07......?!?!?!? This is frustrating.

That's waaaaay too long to wait. Have you contacted your congressman? I'm sending off the request to my rep's office today. It might not get me anywhere, but I figure it can't hurt.

On another note, I've decided that I will now do all of my correspondence, written and phone, with USCIS in pirate speak. "Gar, why me visa be taking so long, ye scallywags? Shiver me timbers and a bottle o' rum and stuff like that!"

At the rate they're going, my husband's EAD application is going to take longer than his K-3 petition. We're now on day 97 since NOA1. The not-terribly-informative information line is as uninformative as ever, and we can't make an infopass appointment because we'll be traveling out of state over the next few weeks.

What's the point of this post? To rant, of course.

I feel better now.

My husband, a K-3 holder, and I will be traveling to the US Virgin Islands through Puerto Rico in early August (hurray! ). Does anyone know if he'll have to go through an immigration checkpoint on this journey? I'm a bit worried that the airline hasn't given us much time between flights on the outgoing journey, though the return has a bit more wiggle room.

Thanks.

ok I think im clear on the mischief.. I should fall under the damaging private property.. for spray painting a railway car. Where would i find the exemption for petty theft?

The "petty exception" clause is:

I assume given the nature of your offense, taking an item worth $5.00, you were tried summarily (no indictment). Section 785 of the Criminal Code of Canada states that the maximum penalty for a summary conviction offense is a sentence of 6 months of imprisonment, a fine of $2000, or both. So the maximum sentence for your particular offense is probably six months, which is well under the 1 year limit.

For lesser crimes of theft in general, though:

If you weren't tried summarily, the max sentence you could have received would be 2 years, and you wouldn't be eligible under the petty exception clause.

I missed the "breach of probation" part in your first post; I'm really not sure how that will be viewed. You may want to have a consult with an immigration attorney about your situation. It should only cost about $100 and will really help clear things up.

Multiple Criminal Convictions

Under INA §212(a)(2)(B), an alien who has been convicted or two or more offenses (other than purely political offenses), regardless of whether or not the convictions arose from a single trial or arose from a single scheme of conduct involving moral turpitude ande whether or not the offenses involved moral turpitude, is excludable if the aggregate sentence of confinement actually imposed is five years or more.

ok so i got 6 months probation and a suspended sentence. So does that mean i might be ok because the aggregate sentence of confinement imposed was probation and not even jail?

This is where things get a little (more) confusing. Theft's considered a Crime involving Moral Turpitude even when it's petty, but mischief probably wouldn't be considered a CiMT depending on the circumstances. More fun reading : http://www.foia.state.gov/masterdocs/09fam/0940021aN.pdf Technically, you are ineligible if you have committed just one CiMT unless you fall under the "petty exception" clause, INA §212(a)(2)(A)(ii)(II). If your conviction for theft falls under the petty exception clause, and your mischief charge isn't considered a CiMT, then you should be eligible under the clause you cited above.

I would think you wouldn't need a waiver, but you might want to go to your interview prepared to show why you don't need one. Do a little research into what you were specifically convicted of to ensure you fall under the exception clauses, and maybe write a small brief to take with you if you want. It's fun. Really.

Hmm. Cingular is beginning to look like the best deal as far as a cellular plan goes. I'm not sure what sort of phone he has, exactly, but I think it's some version of a RAZR or KRZR. I'm horrible at recalling brand names or specific product names. I'll let him have a go at reading this thread and sorting out which provider he wants to use after he arrives.

I'm sticking with Vonage for digital land line service for now. There are rumors they'll be either going out of business or be bought out in the near future, though. I'm hoping they'll hold out until our likely move this fall, and then we'll switch to Skype or Onesuite or someone else.

I can't believe he's going to be here in less than 24 hours. And here I am reading the fine print on phone service sites instead of dancing crazily around the house with joy. Well, I still have about an hour before bedtime--maybe I'll do that now.

Hello!

I havent seen my fiancée in half a year and am desperate to go see her. She doesnt have the holiday at work to visit me unfortunately so we are stuck.

I spoke to the State Department and they said i had to send a DS-230 to the embassy to apply for a tourist visa and ask for an interview, cant i just go on the VWP? Has anyone else used a VWP to visit?

I know the question of visiting gets asked a lot, but do people go on the VWP or do they obtain a tourist visa?

Thanks

teddy

If you qualified for the VWP in the past, there's no reason not to use it now. On the other hand, Teddy, I know it's taking you longer than normal to get an interview date, but are you sure you want to travel before you find out when it will be? What if they end up scheduling it while you're away in the States? It's just something to think about.

Whatever you decide, I hope you get some news about your interview soon.

Thanks for the input, all. I think I'm more confused now than before.

He's currently with T-Mobile UK through June. I thought he might just want to switch to US service with them, but they seem to charge more for texts to the UK than anyone, 35 cents per outgoing text. It would be a bonus, though, if he could use his current phone and SIM card. I'm assuming they won't make him buy a new phone, as he bought one through them last year that he's grown quite attached to.

I think we'll try sticking with T-Mobile for a bit on a pay-as-you-go plan and then switch if he's not getting his money's worth. I'll also try to get him to text through an IM whenever there's a computer near at hand. I'll have to rig his mobile to give off a tiny electric shock if there's a computer withing a twenty yard radius.

Well, Gary will be flying over Monday; they delivered his visa on Thursday, three days after his interview. In the rush to get everything prepared and sorted before he gets here, I realized that I completely forgot about his mobile service.

We have Vonage for long distance, but Gary wants to be able to text his friends and family in the UK and call them from his cell occasionally. I'm mobile phone averse, so all the different options give me a headache. It seems like all the plans out there offer a ludicrous number of free minutes, which he doesn't need. I was wondering if anyone's had a good experience calling/texting the UK with certain providers. Or would he be better off with a pay-as-you-go plan? We'd be looking at about 200 texts and maybe 3 to 4 hours of calls per month to the UK.

Thanks.

Congratulations!

If you have a moment,

Congratulations!

Lots of good news out of London lately. Let's keep those approvals coming!

Interesting, kins!

Did you not return DS 230 (part 2) with your packet 3?

No I only got DS-230 part 1 with my packet 3. Then when I got the packet 4 yesterday it had DS-230 part 2 and instructions to bring it to the interview. Maybe different because I'm doing a spouse visa? Or just how they were feeling that particular day (sighs...)

Gary brought DS-230 Part 2 with him to his K-3 interview. He realized after it was over that they hadn't taken it, so he tried to hand it in. The interviewer said they didn't need it. He asked a second time just to be sure, and she told him, "You're approved; it's already in the system. We really don't need it!" I think she got a bit annoyed with him, but he wanted to be certain they wouldn't end up ringing up in a few days demanding to know where DS-230 Part 2 was.

He'd sent Part 1 in with Packet 3, and he took Part 2 with him to the interview just in case. Technically, the DS-230 is only supposed to be used for immigrant visas, but they treat K visas like immigrant visas at times, so it's all a bit confusing.

Congratulations, Jess and Tom!

I'm sooooooooooooo happy for you both! Hope the rest of your trip is as wonderful as this news.

I am posting to update our situation. I flew over from Minnesota yesterday to be with my husband for the interview today. It took a little over 2 hours. Even with his 4 cautions for theft, 1 conviction for theft, 1 caution for fraud, and 1 caution for drunk and disorderly, he was APPROVED! I would like to note that the person that we handed all the paperwork to spent a long time looking over the UK police report and said "oh, they are just cautions"

I did have a short brief that Laurel Scott did for us, but they didn't even look at it.

All in all, a very pleasant morning!

Congratulations Jess and Tom!

I didn't think I could get any happier after Gary's approval, but you two have proven me wrong.

I am still a little confused about this waiver stuff. My fiance also has an incident on his record involving damage to private property. He wasn't fully charged, only cautioned, and he never had to pay a fine. And this was almost 5 years ago. Should we do the waiver or will the police record and an explanation be enough?

As Tracy said, you don't really "do" a waiver; they inform you if you need one at the interview. Some people who are certain they'll be found ineligible and be required to file a waiver have one prepared before their interviews. This is so they don't waste any time filing, as waivers can take a long time to process.

Is your fiance the one who accidentally fell onto a window, breaking it? I can't give you a guarantee, but I'll tell you it's extremely unlikely that he'll be found ineligible during his interview and be required to file a waiver. Your fiance wasn't even convicted or fined/sentenced, as Gary was, and he didn't need a waiver.

The police record and your husband's explanation will be enough to satisfy the CO. If you want, you can try to track down the Evidence and Actions Book (EAB) which should give a few more details about the offense, but it's really not necessary.

Thanks everyone.

I've noticed I've been feeling this strange emotion today, something I haven't really felt for a while. I can't quite put my finger on what it is...

Wait, I remember now. It's called "happiness", I think.

Thanks, guys. It's finally sunk in now, and I'm feeling excited and happy for the first time in a while. I won't relax completely until he actually steps foot on US soil, though, because I'm insane.

Kitkat, I hate that you have another six months wait on your hands. Our process from start to finish only took a little longer than that. It seemed like ages at the time, but it was a drop in the bucket compared to what so many other VJers have to go through. I know that my husband and I are very lucky. I can only wish everyone going through the waiver process the best of luck, and I hope you are all reunited with your loved ones as soon as possible.

Hello everyone!! I need your help in my case. I just had interviewed last April 10, 2007 and after I interviewed they gave piece of paper and that was 221(g) temporary refusal. I haven't missed any of the documents that they requested from me to submit. But in the paper they check on the blank and it said that . Wait until you hear from us. pls. bring the documents that had been check above, but I haven't receive any check to bring any documents for me to go back for another interview. And when we called the embassy to ask what was our problem and they just said that they were processing it and verifying about my documents. Does anybody experience like this before? How long it will take to them to verify it? Does it mean that I will not receive my visa? Are they going to deny me? I am very frustrated now coz we planned that I will be leaving in May 4 but reschedule it now coz we dont have enough time to wait. Pls. give me advise on what to do for this kind of problem.

It sounds as if you're in Administrative Processing(AP/AR). If you haven't seen it yet, this link may be of some help to you: http://manila.usembassy.gov/wwwhni27.html . AP takes, well, as long as it takes, and it's not an uncommon thing. You may want to post in the Asia: East and Pacific forum http://www.visajourney.com/forums/index.php?showforum=90 to see how long AP has taken for others in the Philippines.

All you can really do is be patient and wait, I'm afraid. I hope you're out of AP very soon and that it won't be long until you're on your way to the States.

Now my concern is.. I am not really sure what is my next step, from what I know is.

I'm supposed to file an Adjustment of Status. If so, my main question is:

Based on the Adjusment of Status' requirements, which are I-130, 129f, Affidavit of Support, G-325, etc..

If you haven't already, you should check out the guide for adjusting status from a K-1 or K-3 visa. http://www.visajourney.com/forums/index.ph...mp;page=k1k3aos The guide lists all the forms you'll have to file to adjust. You don't need the I-130 or I-129F forms; you only need to include a copy of the NOA2 you received for your I-130 petition.

They were all based on her Philippine's address. Do I file the same papers I filed from the previous application with her old address in the Philippines or REDO the application with her current address here in the US?

The forms for AOS are different from the ones you filed for the I-129F and I-130, except the G-325a, which you'll have to fill out again as the information needs to be updated. Use her current address in the States.

My other question is: When we filed our application for petition, all US address was based on my aun't home address (Because I used to live with her), but now, my wife is with me, we moved to an apartment.. I know that I can file a CHANGE of ADDRESS, but do I file it together with the Adjustment of Status, but what address do i put in the Adjustment of Status? new address or old address?

Your wife should file a change of address notice within 10 days of moving. You can now do that online. https://egov.immigration.gov/crisgwi/go?action=coa There are circumstances detailed in the above link where the USC must also notify immigration about a change of address. Use your present address on all AOS forms.

I hope you guys can help me out.

I'll be filing the Adjustment of Status this friday and just use all the copies (I-130/I-129f/AoS/G325)..

Thank you.

Good luck with the paperwork.