tiberonsuave

I wouldn't sweat it in the least. My wife (paisa) was denied three times. She met me and we married and were granted the K-3. I wouldn't sweat getting an attorney. HE cannot make the facts go away...she applied and was denied. As long as she didn't make any false representations on her prior applications.

Good luck,

Tony

HELLO GOOD PEOPLE OF VJ.IM A NEWBIE SO PLEASE BE PATIENT WITH MY QUESTIONS AND PROVIDE OPINIONS IF YOU HAVE ANY.THE UTTER ARROGANCE OF SOME CONSULAR OFFICERS IS SCARY AND THATS WHY IM ASKING THE QUESTIONS.I MET MY WIFE IN BOGOTA IN LATE FEB.2006.OBVIOUSLY THERE WAS INTEREST IN BOTH OF US.I WAS THERE FOR TWO WEEKS AND RETURNED HOME TO FL.AFTER A FEW WEKS SHE WANTED TO COME TO THE US WITH A TOURIST VISA TO KNOW THE USA AND TO KNOW ME BETTER.AS IS NORMAL IN MOSTS POSTS SHE WAS DENIED.IN A FEW MORE WEEKS SHE HAD AN INVITATION FROM HER BOSS TO COME TO MIAMI ON BUSINESS.AGAIN DENIED.SO I DECIDED TO RETURN TO BOGOTA TO KNOW HER BETTER.I SPENT TWO MONTHS THERE AND WE REALLY FELL IN LOVE.BECAUSE OF HER DAUGHTER 18TH BIRTHDAY IN OCT.WE THOUGHT IT PRUDENT TO GET MARRIED BEFORE THAT DATE.WE WENT TO SAN ANDRES IN SEPT.AND GOT MARRIED.I THEN RETURNED HOME AND STARTED THE K/3 PROCESS.WE HAVE QUITE A BIT OF EVEDIENCE SUPPORTING OUR RELATIONSHIP ALBEIT BEING SHORT.JUST AN OPINION ON WHETHER HER APPLICATIONS FOR A TOURIST VISA WOULD INITIATE SUSPICION OF FRAUD INTENT AND IF THE CONSULAR OFFICER WILL EVEN LOOK AT THE EVIDENCE WE HAVE WHICH IS CONSIDERABLE AND SHOULD BE CONVINCING THAT IT IS A LEGIT RELATIONSHIP. WE HAVE ABSOLUTELY NOTHING TO HIDE BUT I UNDERSTAND THE VISA GODS SOMETIMES MAKE SNAP DECISIONS.SO PLEASE IF ANYONE HAS ANY OPINIONS I WOULD GREATLY APPRECIATE ALL REPLYS AND POSSIBLY SUGGESTIONS.THANKS IN ADVANCE EVERYBODY ON THIS JOURNEY THAT IS HELLISH AND DEFINATELY HAS SCARY UNCERTAINTY.

HELLO GOOD PEOPLE OF VJ.IM A NEWBIE SO PLEASE BE PATIENT WITH MY QUESTIONS AND PROVIDE OPINIONS IF YOU HAVE ANY.THE UTTER ARROGANCE OF SOME CONSULAR OFFICERS IS SCARY AND THATS WHY IM ASKING THE QUESTIONS.I MET MY WIFE IN BOGOTA IN LATE FEB.2006.OBVIOUSLY THERE WAS INTEREST IN BOTH OF US.I WAS THERE FOR TWO WEEKS AND RETURNED HOME TO FL.AFTER A FEW WEKS SHE WANTED TO COME TO THE US WITH A TOURIST VISA TO KNOW THE USA AND TO KNOW ME BETTER.AS IS NORMAL IN MOSTS POSTS SHE WAS DENIED.IN A FEW MORE WEEKS SHE HAD AN INVITATION FROM HER BOSS TO COME TO MIAMI ON BUSINESS.AGAIN DENIED.SO I DECIDED TO RETURN TO BOGOTA TO KNOW HER BETTER.I SPENT TWO MONTHS THERE AND WE REALLY FELL IN LOVE.BECAUSE OF HER DAUGHTER 18TH BIRTHDAY IN OCT.WE THOUGHT IT PRUDENT TO GET MARRIED BEFORE THAT DATE.WE WENT TO SAN ANDRES IN SEPT.AND GOT MARRIED.I THEN RETURNED HOME AND STARTED THE K/3 PROCESS.WE HAVE QUITE A BIT OF EVEDIENCE SUPPORTING OUR RELATIONSHIP ALBEIT BEING SHORT.JUST AN OPINION ON WHETHER HER APPLICATIONS FOR A TOURIST VISA WOULD INITIATE SUSPICION OF FRAUD INTENT AND IF THE CONSULAR OFFICER WILL EVEN LOOK AT THE EVIDENCE WE HAVE WHICH IS CONSIDERABLE AND SHOULD BE CONVINCING THAT IT IS A LEGIT RELATIONSHIP. WE HAVE ABSOLUTELY NOTHING TO HIDE BUT I UNDERSTAND THE VISA GODS SOMETIMES MAKE SNAP DECISIONS.SO PLEASE IF ANYONE HAS ANY OPINIONS I WOULD GREATLY APPRECIATE ALL REPLYS AND POSSIBLY SUGGESTIONS.THANKS IN ADVANCE EVERYBODY ON THIS JOURNEY THAT IS HELLISH AND DEFINATELY HAS SCARY UNCERTAINTY.

Yup. Yet another ploy to make more money. With computers available and all that I don't understand the need for duplicitous fee, letters, and use of precious resources needlessly. They may do them at the same time I don't know.

t

We filed separately for AOS and EAD. Now we've received bio appointments for each of them. Does this mean we'll have to pay the $70 fee twice?

And I got an rfe for doing just what you did. I make well above the 125% and didn't submit additionl evidence as none was needed and the instructions clearly state that it is not necessary to complete section seven if you are above the 125% guidelines.

In my case I think I was rfe'd because New Orleans is running so far behind USCIS target dates of six months for completion of I-485s. I feel that my rfe takes my case out of the late stack for them. Maybe your center is current. Who knows?

t

I agree with you. On the form, it only asks for divorce papers if you are not filing under K1. If you are a k1, it is not required according to their instructions. I did not send mine and so far we already had biometrics and received an appointment for interview. I sent the paperwork early this month and I haven't received anything about RFE's. I guess so far so good. I know that doesn't mean I won't get any, but I will take it as a good sign that everything is moving quickly.

Thanks for posting this.. I'm not trying to be difficult.. just not buying into the "send it just in case" mentality. We did that during the original petition for K-1, and feel like by now we have established our case for re-marraige, and the next "overload them with our evidence" will occur during the interview stage. I'm trying to keep what's left of my nerves intact until that time

Definitely agree Emancipation This is such a nervewracking process, that it is easy to feel like you must send it just in case. I am trying to keep the "overload them with our evidence" to the interview stage too. My thing was financial. I make well above 125 % of the poverty guidelines and have for years, so according to the instructions, I didn't need to submit extra evidence. I wanted to so badly though .... to submit proof of additional assets, etc. ... but managed to convince myself not to give them more than they asked for.

Not to mention what happens if an emergency comes up at home and travel is required.

t

Is there a time limit to apply for AOS after entering and marrying in the US?

No, it says you should apply for AOS, not must

You must marry within the 90 days of entry

But, if you do not apply for AOS, you have no real legal status within the US. that does not make you illegal.

Not a road I think anyone of us would recommend, My wife and I waited to apply and regret it.

I am of the belief that one must marry and AoS within 90 days, but for the sake of argument let's just assume it's ok to delay the AoS and that there's no hard time limit. What if a couple decides to skip the conditional part all together and go straight for the 10 year GC? What if the couple decides to marry within 90 days but wait 24 months to file for the AoS after the 2 years of marriage? Technically, if a couple has been married for 2 years or more, then they get the 10 year permanent GC when filing AoS. No need to go through the conditional part or the removal of conditions at all then.

Comments?

I would love to have Yodrak chime in and offer his or her 2 cents.

If the marriage is terminated or the USC dies while waiting to file for AOS, the foreign spouse will have no option for staying in the U.S. and may have even accrued enough out of status time for a 10 year ban. Delaying the AOS filing puts the foreign spouse at great risk.

They are from MISSOURI...the show me state. Just because you swore to something does not make it so, does it. They want to see the documents themselves and for good reasons I think. Maybe the clerk at the town hall is sympathetic to your plight and overlooked something.

t

I guess my next question is WHY?

When we swore in front of the Clerk at Town Hall that we were free to marry.. when we submitted the information PREVIOUSLY.. and estiblished our eligibility..

The part of the process that I find a bit frustrating is this.. just sending paperwork because you think they might send an RFE. I can understand overwhelming them on the financial end perhaps, but why do they do a list of documentation that is required if it is not complete/sufficient? Also, I don't want to complicate matters by sending TOO much information (I'm sure someone somewhere will say there is no such thing).. But it seems counterproductive to send things "in case", when you could send in extra information at nausium and STILL get RFE's.. GAH.. that's my vent for today.

With an I-485 pending one does have a particular catagory.

t

Thanks for bringing that post to my attention again Mo. I believe you've shared it here before and it's a good one. The 'indeterminate' part is how I derive the opinion that my husband's legal status is - well - not exactly.

I get bolloxed up with the fact that he is in no particular immigrant category and it bothers me he has none of the 'protections' of a clearly defined category. I also find it really weird that the US government would permit so many people to wander about in this gray area of the law. Unless their perspective is that they like it that way - having complete dominion over time traveller's in immigration purgatory.

I would show up for the appointment...even if they cancel it. And I certainly wouldn't worry about it.

t

We got a "Request for applicant to appear for initial interview" , with a date of March 27 2007. Our NOA1 is Jan 31 2007. We have yet to recieve a biometrics appt letter, should we be worried?

Do you plan to work in the near future? If not you never need to file for the EAD.

Also, you do not need to file for advance parole if you think you are not likely to have the need to travel on short notice.

You will need to file the I-485 and the accompaning I-864 along with the G-325s

t

I was told by the immigration officer when I entered the U.S. on my K-1 that I would need to file a I-130 and an I-485 and a G-325A and then later file my EAD and Permission to travel. On the list of AOS forms on VJ it doesnt say I-130 for K-1 holders...only K-3. We just got married and need to start the AOS. What exactly do I need?? ANY HELP!?!?!?!

Thanks so much in advance! All the best to everyone.

I filed in August of 2004. They never responded.

I filed and paid the fees again in July of 2006. They cashed the check in about ten days and rfe'd me in three weeks.

t

Hi Guys, just filed my i-765, i-485, i-485a, So now i get to wait in line My question is how long does it take for uscis to response to the filed i-485 application.

Nor should he.

t

Uncle sam doesn't care about breaking up a family

I received a double rfe for my wifes application. The first was for not including her birth certificate (it was included) and the second was for not filling out section seven of the I-864 which the instructions CLEARLY state is not required if your income is sufficient.

I didn't even waste my breath calling them. I had made two exact copies of my submission. I opened the folder and grabbed one without even inspecting it and mailed it off. They accepted the second submission.

I believe that the rfe was just a statistical ploy so that they remain in compliance with some regulation.

t

They used to in the good old days. However, I suspect that Vermont caused so much grief for everyone else that they changed the whole process.

T

And with them not posting until all the DOs report; I wouldn't hold my breath. Tuesday is Mardi Gras. I doubt that New Orleans will be up to date. The city practically shuts down. My daughter gets a week off from school.

All that being said...I feel your pain. My last update moved back two months!

t

well, i guess with our luck, the 17th of this month was on a weekend that is followed by a federal holiday on monday and therefore the processing times have not been updated. hopefully they will update them tomorrow (even though i doubt) or on wednesday at the latest so that we can see where uscis is at.

i know i have been advised to be patient, but i still cannot help myself and go check uscis's website every couple hours to see if they updated them. i know this won't do me any good and will simply drive me crazy, but it's either check my status online or checking the processing time, and since i know that my status is not changing anytime soon, all i have left is the processing time. lol

cheers

is that how it works?? all the DOs report and then the information gets posted?? i thought maybe each posts for its own or something to that effect.

And with them not posting until all the DOs report; I wouldn't hold my breath. Tuesday is Mardi Gras. I doubt that New Orleans will be up to date. The city practically shuts down. My daughter gets a week off from school.

All that being said...I feel your pain. My last update moved back two months!

t

well, i guess with our luck, the 17th of this month was on a weekend that is followed by a federal holiday on monday and therefore the processing times have not been updated. hopefully they will update them tomorrow (even though i doubt) or on wednesday at the latest so that we can see where uscis is at.

i know i have been advised to be patient, but i still cannot help myself and go check uscis's website every couple hours to see if they updated them. i know this won't do me any good and will simply drive me crazy, but it's either check my status online or checking the processing time, and since i know that my status is not changing anytime soon, all i have left is the processing time. lol

cheers

I would be interested to know if anyone has actually gotten an RFE that specifically asks for 2006 tax return .. from what i understand they ask for the most recent .. and untill april 14 th ( or you have filed 2006 ) 2005 in the most recent .. people are getting these same RFE's even when they have already submitted the info being asked for .. is this why people are assuming they are asking for 2006

It makes no sense for a government agency to REQUIRE a document that the government itself does not yet require.

Those RFE's are for missing attachments and the like. Not a tax return with a future date.

Unfortunately, sense often does not come into play. I was RFEd for not filling out section seven of the form when their instructions clearly indicate that it is not required.

I believe it is just a statistical paperwork game. You and I would probably do the same in their shoes.

t

To muddy the waters further, people are often asked to submit information that was included in the original submission. I was one of those people. I simple resubmitted what they ask me for that I "failed to include" in the original submission.

Personally, I think it is just a paperwork game that they are playing in order to make some statistic or another "look acceptable".

What can you do. They get to make and enforce the rules.

t

I would be interested to know if anyone has actually gotten an RFE that specifically asks for 2006 tax return .. from what i understand they ask for the most recent .. and untill april 14 th ( or you have filed 2006 ) 2005 in the most recent .. people are getting these same RFE's even when they have already submitted the info being asked for .. is this why people are assuming they are asking for 2006

We also got an RFE for my daughters I-864 for things we " failed to include " we resent what we sent the first time as well as a few other things .. It is all a paper pushing game of statistics i agree .. as we sent the same petition for my son and myself and only my daughter got an RFE .. We sent 2006 W2 / 1099 as well and a note saying that 2006 taxes havn't been filed yet .. just in case .. but the RFE didn't ask specifically for 2006

And then they get to move it to a stack that cannot be processed due to circumstances "beyound their control". After all, they can't be responsible for the inability to process because the applicant can't follow simple directions now can they?

t

To muddy the waters further, people are often asked to submit information that was included in the original submission. I was one of those people. I simple resubmitted what they ask me for that I "failed to include" in the original submission.

Personally, I think it is just a paperwork game that they are playing in order to make some statistic or another "look acceptable".

What can you do. They get to make and enforce the rules.

t

I would be interested to know if anyone has actually gotten an RFE that specifically asks for 2006 tax return .. from what i understand they ask for the most recent .. and untill april 14 th ( or you have filed 2006 ) 2005 in the most recent .. people are getting these same RFE's even when they have already submitted the info being asked for .. is this why people are assuming they are asking for 2006

Felicidades

GOOD NEWS TODAY.. MY WIFE YADIRA WAS APPROVED FOR K-3 VISA TODAY!!!

ALOT PEOPLE WERE DENIED. YOU MUST HAVE YOUR PAPERS IN ORDER AND ALSO SHOW PROOF OF A REAL MARRIAGE. IF ANYBODY IS IN COLOMBIA AND HAS AN INTERVIEW TOMORROW YOU ALL CAN CALL ME ON MY CELL PHONE NUMBER IN COLOMBIA WHICH IS

310-353-9250.. FOR SOME TIPS...

WE ARE SO HAPPY!!!!

THE RIGHT NUMBER IS 310-353-9250

I am sure they will have a bilingual interviewer. Especially in California.

If you have a friend or aquaintance bring them. I certainly would not pay someone for this.

t

Digna does not speak English and my Spanish is not that formal. Are the questions going to be that formal???? Is our language, Spanglish, going to be sufficient? Do we need a translator for the interview? We do not need one in our everyday living......We understand each other and love each other without the need for a translator. Are the questions going to be that difficult????

John

Just have all pertinent documents for the name changes when you travel or attend an immigrations interview.

Do what you and your spouse prefer.

t

Sooner or later a gut feeling has to be converted and ascribed to an applicable statute. Then you can deal with the issues.

t

First of all age and race have nuthing to do with qualifying for AOS ..

True, but cases are often based on the officers gut feelings, they have to make a determination as to whether a marriage is bonafide. In this case, a young black African who marries white woman 20 years his senior with a history of broken marriages, I would expect such a marriage to be extremely highly scrutinized by USCIS officiers, because it sounds like a textbook case of immigration fraud.

WEll...if a one in a million occurs in your case...the results are one hundred percent!

t

DelcoCouple alludes to reason for denial of AOS having to do with violation of the non-immigrant visa.

As some of us were hotly debating illegal work and it's forgiveness, we found this from the CFR.

Now we aren't lawyers and we don't know exactly what it means but it is interesting.

**************************

Title 8: Aliens and Nationality

PART 214—NONIMMIGRANT CLASSES

§ 214.1 Requirements for admission, extension, and maintenance of status.

(e) Employment. A nonimmigrant in the United States in a class defined in section 101(a)(15)( of the Act as a temporary visitor for pleasure, or section 101(a)(15)© of the Act as an alien in transit through this country, may not engage in any employment. Any other nonimmigrant in the United States may not engage in any employment unless he has been accorded a nonimmigrant classification which authorizes employment or he has been granted permission to engage in employment in accordance with the provisions of this chapter. A nonimmigrant who is permitted to engage in employment may engage only in such employment as has been authorized. Any unauthorized employment by a nonimmigrant constitutes a failure to maintain status within the meaning of section 241(a)(1)©(i) of the Act.

For those that can not sleep at night the full title may be found HERE. The relief of AOS is clearly discretionary like it or not guys. I suspect that it is indeed rare that a denial is made without reason being given but that doesn't change the possibility that such denial can occur. All moot points really in the real world that most of us experience. If anything it shows no matter how clear cut your case appears the legislators usually leave themselves room to get you with a catch all section if all else fails should they be so inclined

Personally I think for the vast majority of people in this forum these are fairly academic and moot points but never the less of interest to some who want to delve further than the surface layers.

It used to be three years. I think they will accept one year now; but, since you are speaking about transcripts, I would go ahead and request the last three years.

T

I'm a little confused about how many tax returns we need and is a tax transcript okay.

An affidavit is a sworn statement. A notary will verify that the person signing the statement (in front of them) is who they say they are.

t

Um...did you notice the word OR? IF you have all of the items listed by all means submit all of them. You cannot possibly submit what you don't have. You just have to give them something to make them believe. They even give an easy out with the affidavit.

t

I pretty much posted the exact same question in another thread, but I feel that this title is more appropriate.

In the NEW I-130 Form it specifically states:

7. What Documents Do You Need to Prove aFamily Relationship?

You have to prove that there is a family relationship betweenyou and your relative. If you are filing for:

A. A husband or wife, submit the following documentation:

1) A copy of your marriage certificate

2) If either you or your spouse were previously marriedsubmit copies of documents showing that all priormarriages were legally terminated.

3) A passport-style color photo of yourself and apassport-style color photo of your husband or wife,taken within 30 days of the date of this petition. Thephotos must have a white background and be glossyunretouched and not mounted. The dimensions of thefull frontal facial image should be about 1 inch fromthe chin to top of the hair. Using pencil or felt pen,lightly print the name (and Alien Registration Number,if known) on the back of each photograph.

4) A completed and signed Form G-325A, BiographicInformation, for you and a Form G-325A for yourhusband or wife. Except for your name and signatureyou do not have to repeat on the Form G-325A theinformation given on your Form I-130 petition.

Then it says:

NOTE: In addition to the required documentation listed in 1)through 4) above, you should submit one or more of thefollowing types of documentation that may evidence that bonafides of your marriage:

1) Documentation showing joint ownership or property; or

2) A lease showing joint tenancy of a common residence; or

3) Documentation showing co-mingling of financialresources; or

4) Birth certificate(s) of child(ren) born to you, thepetitioner, and your spouse together; or

5) Affidavits sworn to or affirmed by third parties havingpersonal knowledge of the bona fides of the maritalrelationship (Each affidavit must contain the full nameand address, date and place of birth of the person makingthe affidavit, his or her relationship to the petitioner ofbeneficiary, if any, and complete information and detailsexplaining how the person acquired his or herknowledge of your marriage); or

6) Any other relevant documentation to establish that thereis an ongoing marital union.

We were just married, how much evidence can they expect? Can we not send this in later?

Well it looks like either I can use the old form which does not require this, or perhaps have one of our parents write us an affidavit.

Who must the affidavit be sworn by?

Where was your birth certificate issued from?

T

My Birth Certificate is old frail and falling apart, some corners are missing you can make out the dates and the names for the most part but it is clearly damaged. Is this a problem, can I simply use this along with my valid passport?