garyandkris

Hi all, I am headed to Argentina to marry on the 28th of April and we have the blessings of the church to marry on the 12th of May...

My questions:

Can my wife come here on a visitors visa as long as she has a round trip ticket?

and

What is the Duration of Stay option?

Thanks for all the help John and Nora

She should be able to come on a visitor's visa as long as she has proof that she is not intending to immigrate. However, her intention is determined at POE, and even with a return ticket and proof of ties to her home country, she may still be denied entry if they suspect immigration intent. Many people in similar circumstances, including my husband, have had no problems getting in on a tourist visa without having to produce proof of ties, while others have been grilled at POE or denied entry. Ties to her home country could include such things as a mortgage/lease, letter from an employer, bank account statements, etc.

I doubt she'd be eligible for D/S as she would be traveling on a tourist visa and D/S is normally given to students and diplomats. Duration of Stay: Upon entering the U.S., an immigration officer of the Department of Homeland Security''s, Border and Transportation Security, at the port of entry, places a small white card, Form I-94, Arrival-Departure Record in your passport. On this card, the U.S. immigration inspector records either a date or "D/S" (duration of status). In most cases, a specific date will be indicated on the Form I-94 (in the lower right-hand corner). If your I-94 contains a specific date, that is the date by which you must leave the United States. Some students, exchange program participants, and certain temporary workers (e.g., foreign diplomats) will be admitted for “duration of status.” If you have "duration of status" or “D/S” on your Form I-94, you may remain in the U.S. as long as you continue your course of studies or remain in your exchange program or qualifying employment. http://travel.state.gov/visa/temp/info/info_1298.html

Congratulations on your upcoming wedding! I hope you have a wonderful trip.

That's the thing...it doesn't really make a difference to us whether we marry first or marry once he arrives here. THE FASTEST ROUTE in getting him to the U.S. is what we're looking for.

There is more required to prove a legit relationship with the k-1, correct? We should have enough proof that we have a bonafide relationship with e-mails, mailing receipts from packages, travel proof from visit and pics from visit (but they have no date stamped on them). The only thing that I'm unsure of is phone records. Though we speak daily for hours, we use calling cards with our cell phones, and there is really no proof of the number dialed.

If you go the K-3 route, you'll have to file an I-130 petition first, which now requires proof of an ongoing, bonafide relationship too. So either way, you'll have to deal with gathering evidence of that. Additionally, you'll have to wait for the first notice of action from the I-130 before you can file the I-129F, which may take several weeks. If my husband and I hadn't already been married for a couple years before starting this process, we would have chosen the K-1 route.

When I first looked into the immigration process, I was overwhelmed and confused by all the forms and information. During a few hours of reading, I gradually began to see exactly what we had to do and when we had to do it. It looks a lot worse than it actually is. The forms are fairly straightforward, and any questions you have about them are likely to have been asked and answered on this forum before. If you have any problems, there are a lot of VJers who've been around quite a while and have tons of experience they're willing to share.

You could always have a go at filling out the forms yourself, and if you decide it's too much for you, then you could hire a lawyer. I'd recommend you give it a try first, though, because for simple cases this early in the process, lawyers seems like a waste of time and money. Spend a few days rummaging through the information and posts on this site, and I'm sure you'll feel a lot more confident about tackling the process yourself.

All I know is that it came via DHL. Whether they offer different levels of service through that courier I'm not sure, but he had been told it would take 3 to 5 business days, so whatever that option is ... take it! How long after the interview is the flight booked for? We gave it some extra time just in case something went wrong, so he isn't flying until April 29. Visa in hand on April 13, he doesn't feel that was a mistake. The closer it gets to his departure date, the more he realizes he wants to/has to do to before he leaves.

You can plan all you want, but be prepared ... there's still a million things you won't think of until crunch time!

Well, I tried to be the voice of reason, but he ended up booking a flight a little over a week after the interview once the courier people told him about being able to pay extra for expedited service. I think his reasoning was that his interview's early morning Monday and they should be able to get the visa to him by the following Monday.

Because the lease is up, he'd have to be out of the flat a few days after his flight's scheduled anyway, so most things are packed, sorted and ready to go now. We are facing the possibility of having to file a waiver, though, so the flight he booked can be changed without having to pay anything other than the re-booking fee. If we end up having to re-book because his visa didn't arrive in time, it will be a minor annoyance as opposed to the major heartbreak of having to rebook because his visa had been denied.

If he's approved, I'm sure he'll be running around like a chicken with it's head cut off after the interview, though, rushing to do all the last minute things he'd forgotten about.

Wow! Great service.

Did he pay SMS extra for a faster delivery? My husband called them a few weeks ago to ask about delivery options, and they said they had a special service that was a bit more expensive. We're thinking of going with that if it's actually an option because he's already booked his flight and would like to avoid having to change it.

So, my fiance got his Police Certificate in the mail today. It has one incident on a it...a caution for damage to private property over four years ago. He knew about it, but wasn't sure it would be on there since it was a really minor thing and they had told him it would drop off his record in three years. It still seems to be on the police certificate though, and I am wondering, should I be worried? Will they pay this much heed? He wasn't charged or arrested or anything, but I am worried it may slow down the process or something...

A UK caution means he was arrested and admitted being guilty of some aspect of the crime he was charged with, so immigration may treat a caution as a conviction. However, criminal damage to private property is not considered a CiMT:

c. Crimes against property which do not fall within the definition of moral turpitude include:

(1) Damaging private property (where intent to damage not required);

(2) Breaking and entering (requiring no specific or implicit intent to commit a crime involving moral turpitude);

(3) Passing bad checks (where intent to defraud not required);

(4) Possessing stolen property (if guilty knowledge is not essential);

(5) Joy riding (where the intention to take permanently not required); and

(6) Juvenile delinquency

http://www.foia.state.gov/masterdocs/09fam/0940021aN.pdf

It shouldn't cause you any problems or slow downs at all since it's not a CiMT, there's only one offense on his record, and it didn't result in a conviction. He'll be fine.

You sound well prepared, and I'm sure everything will go smoothly for you. Good luck!

Have a great trip! And I hope those eight days go by really sloooooooooooowly for you.

I remember those forms from the embassy being so...weird.

I love the male form thingy with the tribe thingy

Yes, I've been in many tribes in the UK.

Plus, is it then ok for the WOMAN to be in a tribe?!

Because it says, "clan or tribe", I told my husband to write in, "I am Connor MacLeod of the Clan MacLeod", and be sure to take his sword to the interview with him. I'm sure they'd appreciate it.

It took 3 weeks for us to get packet 4, but that was before Easter holidays when everything shuts down for several days. If you start to get anxious, around two weeks after sending in packet 3 you can call the State Department in the US to see if they've entered your materials into the system and/or scheduled an interview date yet. Most of us seemed to have better luck getting info from the State Department than from London Embassy itself.

Here's Ye Olde Packet 4 thread: http://www.visajourney.com/forums/index.ph...&hl=waiting

Congrats and welcome to the States! Only a week to go before your wedding, too! You're going to be very happy, very busy bees.

Wow - I feel all crazy spy like right now, trying to sort this out.

Do you know if your player limits the number of times you can swap back and forth? Lovely Microsoft has stuff in the computer that gives you 5 swaps before you're stuck with the last thing you pick.

I'm very excited to start hacking the ####### outta this hear new DVD player!

It you use a hack to set it to region 0, there isn't any reason to swap regions again as it will be able to play DVDs from any and every region. They do warn you that changing region encoding voids any warranty you might have, though. As if anybody cares.

I've just noticed that "region" is one of those words that looks misspelled even when it isn't. Or maybe it's just me.

which was completely untrue, but i assume they just did not read all of my HUGE packet of documents. i was in the US from age 7 to age 20. my family came on a travelers visa (while yugoslavia was falling apart and at war). we had 1 year to file for asylum, we filed the next month (we have proof of this). the USCIS website states that while you have a pending asylum claim, whether original or appeal, you do not accrue unlawful presence. it took a veeeeery long time for them to get to our appeals.

when i was 19, i met my husband. then my family received our asylum appeal was denied by 6th circuit court on september 16, 2004. we left the US and went into canada (legally, through the ambassador bridge, and received canadian papers). on november 8, 2004, after we left and were in canada, our old lawyer said we received final papers.

my husband and i have been together for about 4 years, our 130 and 212 passed with flying colors, then we go to the consulate in montreal, and she denied me because she said i was in the US unlawfully because of section 212 a 9 b 2. our lawyer is putting together my papers for them to review again since they apparently did not look at my dates properly. we all looked at that section, and it does not apply to me.

on the denial letter itself she said stayed over 180 days, section 212 a 9 b 2. but then she gave the dates: last appeal denial september 16, 2004, left october 7, 2004.

how is that over 180 days? i was never there without a valid status, we gave documents stating so. our lawyer says it was just a mistake.

any ideas?

my husband has an interview with our lawyer on monday, and i was wondering if anyone can think of what she might've been thinking happened? she offered form 601, but i was never there illegally, so i cannot fill it out, lol

side note: she was a complete b*tch the entire time we were there, and did not even ask about our relationship at all, and dismissed my 212 approval (but took out original 212 approval letter and would not give it back)

According to the following, you shouldn't accrue any unlawful presence unless you worked without authorization:

(5) Per section 212(a)(9)(iii)(II), the pendency of a bona fide

Request for Asylum prevents your client from accumulating

unlawful presence unless during this period, she was employed

without authorization.

222g Yes, an overstay

219(a)(9) No, bona fide Request for Asylum with no

unauthorized employment during this period

245/248 Ineligible - overstay

(245 - exception for immediate relatives)

245i Not ineligible

245k Ineligible - failure to maintain status for

over 180 days.

274 Authorized alien

Removable No

(5A) Request for Asylum is considered bona fide if it has “any

arguable basis in law or fact”.

(5B) The INS interprets the law to mean that even one day of

unauthorized employment renders the entire period (since

April 1, 1997) that the Request for Asylum was pending

'unlawful presence'.

http://www.shusterman.com/upanswers.html

If you didn't work without authorization, it sounds as if the CO was counting the time during the appeals process against you anyway. That or she misread or misunderstood the dates. I hope that this turns out to be a simple mistake that your lawyer can help you rectify in a timely manner. And I hope they take some sort of disciplinary action against that women if she's found incompetent or negligent.

Thank you very much for your help, I have also scheduled an appointment with an immigration officer this wek to ask the same question.

I do have another question that if I continue the K3 route, can she get a SSN when she enters US so she can get on my health insurance? I plan on trying for a children and would like her to be on my Medical insurance.

I appreaciate your help

This is one of the pitfalls of the K-3 non-immigrant visa. She won't be able to apply for a SSN until she has work authorization. Most people file for EAD (employment authorization) at the same time they file for Adjustment of Status (green card). EAD takes a couple months to process. I've been told you can file for EAD before filing for AOS, but that's not the usual order of doing things. Once she has work authorization, she can apply for a SSN at a local office. http://www.ssa.gov/pubs/10096.html

If you end up deciding to go the I-130/CR1 route, she can apply for a SSN on the DS-230 immigrant application form itself. From what I've read, however, this doesn't always work and some have ended up having to reapply at a local office anyway.

If you talk to your insurance company and explain the situation, perhaps they'll let you add her to your plan pending an SSN. Some people have had no problems being added without an SSN, while other insurance companies have been real stick-in-the-muds about it. If your company demands a SSN and you can't wait a bit to have her added, you might want to look into switching companies or finding low-cost insurance for her as a temporary measure.

I just thought I'd update this thread with the latest on our situation.

I applied to the UK Police for my Subject Access Request and received it a few days ago... I don't have any criminal convictions or arrests!!! You can imagine our relief at this news, we're over the moon and our K1 can now precede without a hitch!

At first I thought it strange that nothing is held on me, but after chatting to a policer office about it, we think we've come to a reasonable conclusion that makes sense:

- I was never arrested. I had my name taken by the police when they stopped me, but I was never taken to the police station, nor was I formally charged.

- I was never convicted of a crime. The situation was dealt with by way of a penalty fine, much like a speeding conviction.

Given these facts, it would appear that I'm in the clear and can honestly say that I've never been arrested or convicted of a crime Thanks for everyone's input on this matter, and for those that are in a similar situation I'd recommend applying for your Subject Access Request as soon as possible. You never know, it may just be good news.

Wow, that's great news!

I am a bit curious as to how they fined you for possession without arresting you. Perhaps that's something they sometimes do with offenders under the age of eighteen? My husband was issued a 25 pound fine for doing damage to a traffic bollard when he was nineteen, but they did actually arrest him, and it's on his report.

Of course, it doesn't really matter why they didn't arrest you. The important thing is that they didn't.

I filed an I-130 for my wife on Dec'14 2006 and then filed an I-129(f) on Feb 1st after receiving the NOA1

Yesterday I got an approval notice for both applications and they state the following:

I129(f)

It says that "The above petition has been approved. We have sent the original visa petition to the Department of State National Visa Center (NYC), 32 Rochester Avenue , Portsmouth, NH 03801 - 2909. NVC Processes all approved immigrant visa petitions that need consular action. It also determines which consular post is the appropriate consulate to complete visa processing NVC will then forward the approved petition t o that consulate."

I-130

It says that "The above petition has been approved . The petition indicates that the person for whom you are petitioning is i n the

United States and will apply for adjustment of status . He or she should contact the local INS office to obtain Form I-485, Application for permanent residence. A copy of this notice should be submitted with the application."

If the person for whom you are petitioning decides to apply. for a visa outside the United States based on this petition, the petitioner should file Form 1-824, Application for Action on an Approved Application or Petition, with this office to request that we send the petition to the Department of State National Visa Center (NVC).

Now, the biggest problem is that my wife is still in Pakistan and I have no idea why the I-130 says she is here.

Now I am confused as to what my plan should be, should I continue with the K-3 and when she gets here process the I-130? is that the fastest way for me?

help: :help: :help:

The approval notice for your I-130 says what it does because they assume your wife will be entering the US on a K-3 visa and will adjust status after she's entered the US. That is what most people entering on a K-3 do.

You can pursue the I-130/CR1 if you wish and have your wife return to her home country for the I-130/CR1 interview at a later date by filing I-824, which costs $200 and takes up to six months to process. Most people following the K-3 route find it easier to adjust status, but you do have the option of pursuing the CR1 visa.

If you go the normal route and decide to adjust status once she's entered the US, you do not need to do anything further with the I-130. You will include a copy of the I-130 approval notice (2nd NOA) in your petition to adjust status.

Hope this helps.

Ahhh poor Flakeys, at least they found a loving home....in your belly!

Easter baskets over here tend to be a basket (betcha didn't know that!) with mini eggs and chocolate bunnies, sweets and some little toys. They don't do Easter Eggs like the UK (sacrilege!). So sad...if only they knew what they were missing!

P.S. Yes, we get post tomorrow AND Saturday....sweet!

I have to ask, how do you do Easter Eggs in the UK? I lived there for a few years, but my husband and I never really did the whole Easter goodies thing. When I think of Easter Eggs, I think of colored, hardboiled eggs you decorate yourself with vinegar-based dyes.

Just thinking of that has made me a bit nostalgic. I'll have to see if I can pick up some Paas dye before the weekend.

I'd pretty much given up on BBC America ever showing anything I wanted to watch. Every time I'd check to see what's on, they're showing Cash in the Attic or Benny Hill. There's nothing wrong with either, but I don't need an entire network dedicated to them.

So many of the programs they were running were shows I'd seen on PBS countless times while I was growing up. It's about time they started airing series made after the seventies. I wasn't aware that they had aired Extras, though, as I thought HBO had the rights to that.

Cox also has BBC America, BTW.

I just talked to Gary. The local station was somewhat more helpful. They told him to call the local branch where his caution was issued and request information regarding the incident from the EAB or "Evidence and Actions Book". They are supposed to keep this book for seven years, but he was warned it may have been sent to "Central". It wasn't clear whether or not he'd be able to get any info if the EAB had already been sent on.

Hope this helps.

Congrats on getting a relatively early interview date! It looks like they do take pity on us sometimes. And good luck for the interview.

According to what Gary's been told, no, not in his case. He contacted the police branch where his caution offense occurred, and they (eventually) told him to submit a request at his local station, asking for any and all records of his arrest. They said it was doubtful they'd have anything beyond the basic information on his subject access report because his caution was issued more than two years ago and they don't keep the records beyond that.

It's worth a shot to try to get any additional information you can, though, especially if the caution is of more recent date. The police are baffled by why Gary would need or want information about a simple caution, and they've given him a bit of a runaround about it, like it isn't worth their while to try to dig up some info for him. They keep trying to give him his subject access report again, and he keeps having to explain that he already has that.

He's going into his local station today to see if they can do anything about digging up records.

In less then a month, you'll be together again! Congrats!

I reaaaally wish someone could answer this for me.

My fiance seems to think that they're trying to figure out my monthly income and outgoings; I think they're simply giving me an opportunity to list assets if I need them to get myself to the 125% above poverty level.

You're correct. They don't care how much you're paying each month in mortgage payments or how much you're spending on other things. They just want to see that you earn enough each year to support yourself and your fiance. You need to list assets if you don't meet the 125% above poverty level income requirements. You don't have to list them if your income is sufficient to meet the requirements. You can if you want to, but it's just creating more work for yourself.

I don't know why the address is filled in on the sample form when no value is given for the property. I didn't fill in anything in that bit beyond "not disclosed", which was a phrase I came across on this site somewhere. It was recommended that you write that rather than "NA" or "none" if you own property but aren't using it for purposes of proof on the I-134.

Perhaps I did wrong by not filling in an address in that section, but it didn't make sense to and I thought it would confuse things. Maybe someone else will come along and tell me I should have, and I'll end up having to fill out and send off the stupid form again.

LOL Its just that one thing I'm not understanding. I'm quite glad to leave my home off if I don't need to have it on there - but if they need to know that I have a mortgage, then fine -- but then it would only seem logical to actually LIST the mortgage on there.

My ASSumption is that you list it to show that you can liquidate it if need be (perhaps if your income is on the borderline of acceptability) so that your fiance won't become a public charge. But that may be a bad assumption.

If you list your mortgage without listing the property as an asset, they are likely to think you are a nutter. The mortgage thing is a subsection of property owned; it's there to determine what the cash value of the property is after the mortgage is taken into consideration.

I put "not disclosed" under that section because I didn't feel like going through the hassle of getting it assessed and didn't need it as an asset to meet the poverty guidelines. Why makes things more complicated, I figure.