The Vikings

It has been two weeks now since our fiance petition was approved by the USCIS and we received our NOA2. The NVC has no record of our case when I called. Is this normal? Is there anything I can do?

Packet 3 directs to forms on the London Embassy website at

http://london.usembassy.gov/cons_new/visa/.../visaforms.html

Looking through the required forms I noticed that most of them seem to be expired. Specifically, DS-230-I Part I (expires 5/31/04), DS-157 (7/31/05), and DS-156K (05/31/04). Is this a problem if I submit these? Why would the embassy use expired forms?

Can anyone help?

My fiance is visiting right now and we have just recieved our NOA2 after two RFEs delayed our case. To make up for time lost we are compiling packet 3 now to send off as soon as the London Embassy has our case since my fiance will not be home for another month to receive the packet 3 sent to his residence. According to info found on this website we are filling out DS-230 Part I, DS-156 online, DS156K and DS-157. Am I missing anything? Most of these forms seem expired and they are directly from the london embassy website. Is this a problem? Most importantly, does anyone have a very recent clean copy of the checklist and medical questionnaire included in packet 3 that you could email us. We would truly appreciate it.

Secondly, my fiance has acquired a police certificate from the UK where he was born and lives now, but he also lived in Holland for about a year which we listed on the paperwork. According to the london embassy website http://london.usembassy.gov/cons_new/visa/iv/pbcerts.html

the embassy will acquire the certificate from Holland (The Netherlands) but the forms (DS-156K) ask for copies of the police certificates. Has anyone had any experience with this? What shall we put down/include with the forms if we don't have the one for Holland?

Thanks for your help!

Thanks for the advice everyone. I think we may try to get packet three together as NVC processes our case and send it out as soon as we are in the system at the London Embassy. Has anyone else done this and what was your experience? Every day we can move this forward makes a difference.

Wow, four and a half months and two RFEs later we have finally been approved the USCIS California Center!!! It's been a long and frustrating case but we are so happy and relieved to have this approval.

Now our case should be on its way to the NVC but we have a new problem. My fiance, the beneficiary/applicant, is here in Arizona visiting me. He will be here until the end of August. Is there any way to have the paperwork (packets 3 & 4) sent here instead of the UK?

Also, what can we do in advance or have ready to save time during the NVC and London Consulate processing of our case? We are hoping for a fall wedding (Oct 21st) but the delays from the RFEs have really hurt our chances. We knew this was a possibility and can change the wedding date but who wants to have an outside wedding in winter! We don't want to use a JOP and get married later so any tips that may save even a few days would be wonderful and well appreciated!

Good luck to everyone during this process!

That was probably one of the hardest things you ever had to do, and one of the wisest. You did the right thing and well done to you.

Please don't start entering into conversations with this man now that he's gone; with him cut from your life you'll soon be really glad of the choice you made. If you let him back into your head with his promises and lies then you'll find yourself constantly questioning what you did and, heaven forbid, maybe even considering taking him back for another round of abuse. Guys like him know how to sound very convincing and tangle you up in well-meaning words and promises, but when angered (usually very quickly and unpredictably) they forget the promises and their true nature takes over, leading to all the things you've already experienced.

Stay strong, stay away and enjoy your future happiness!

Fond thoughts,

C & A

An update on this:

We sent a covering letter, the original RFE document and notarized statement of no prior marriages by Fedex to the USCIS California centre. The envelope had our case number and "Response to RFE" in nice big letters on it. It arrived the next day (5th June) and we were hopeful that our case would be touched within a few days.

It's now the 18th of June and still no response. We called the USCIS after a few days and asked if they'd received our package, but they suggested we call back in another week due to 'computer problems'. A week later we called back and we were told to call back in another week due to computer problems. Frustrated, we sent another package to them, this time by standard mail, again with the case number in big red letters on the envelope.

We've still not been touched, have no idea if they've even received our response and are getting nowhere with the operators. Is this normal? Does anyone have similar experience?

Thanks,

A & C

We both checked "single" on the I129F instead of divorced, widowed, or married and left the Names of Prior Spouses blank, but wrote "none" under the space naming former husbands or wives on the G325A.

Wow, I can't believe we got an RFE for that. Live and learn I guess. Thanks for the advice!

We just got an RFE requesting a Divorce/Death Decree for both my fiancee and I. Neither of us has ever been married before. Is this right? Was this something that should have been included in the I-129F? Thanks everyone!

Hi folks,

I've consulted the guides and read around a bit, but am still unsure of the process/timeline for leaving the US soon after getting married. My (USC) fiancee and I (a UKC) hope to have our K1 by August/September and get married in October sometime. My mum will be remarrying in England in November, less than a month after us, and we'd really like to be able to attend the ceremony but are unsure of the technicalities of me leaving the country so soon after our own marriage.

Can any of you VJ-ers offer advice on this please? Is it possible? What would I need?

Thanks,

C & A.

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.

Thanks to the both of you - you've highlighted that the lawyer is dishonest and misleading, we shall not be hiring her.

This raises the question: will the consulate still go ahead with the interview even though I am clearly inadmissible? If so, Is it feasible to prepare an I-601 in preparation for the interview and hand it in at the consulate when my K1 is declined, and will it speed up the process?

Our I-129F will be sent tomorrow ... much wringing of hands will now ensue!

Thanks folks.

Hi,

We've been advised by a UK-based lawyer that if my fiancee and I retain them, they can submit the K1 application at the same time as the I-601 waiver application, saving us months of waiting. The cost to us would be £1750 + expenses + VAT + USCIS charges.

I will need the waiver due to 2 counts of possession of cannabis over a decade ago, plus the fact that I have entered the US 4 times on an I-94 Visa Waiver, each time declaring 'No' to the I-94 question about being convicted of a crime involving controlled substances. My mistake (so I am advised) was that the US immigration service does not recognise the UK Rehabilitation of Offenders Act whereby I am not normally required to disclose my 2 spent convictions; apparently I should have disclosed the convictions when entering the US.

So, back to the question: is it possible to file the waiver & K1 at the same time? Is the lawyer pulling the wool over our eyes? Does their fee seem fair? Can we do it without a lawyer? Any insight gratefully received.

Many thanks,

The Vikings

Yeah, I figured as much.

So much red tape, so little common sense.

It would appear the statute says that 'narcotic drugs or marijuana' convictions cannot be overcome, however I was convicted of possession of Cannabis which is neither a narcotic (narcotics are opium-dreived) nor marijuana. Is this just a techincalilty that won't help?

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

Where you're going is toward asking us for advice on doing something illegally - you're showing intent right here. Sure, the AOS tourist to spouse route can be used but it's up to you to prove you had no intention. It's more hey, i'm in the country for a 3month stay or as a student and we just decided to get married. you show up for a week, they ask you at the POE do you have plans on marrying this person you're visitng you say no and in one week, visit and get married red flags are going to fly...and you still have to answer conviction questions. Why don't you just use the damm waiver???

Why not just use the damn waiver? No reason. Just exploring all the options and it would appear that this is a non-starter. Having been a dumb-### 12 years ago and been caught commiting a crime, I have no intention of doing so again.

Ok, let's think about this a different way.

Let's say I enter the US on a visitor's visa, with no intent to marry. However, whilst there we realise that we do not want to be apart again and love each other so completely that we want to get married immediately. So, I propose (remember, we're not engaged in this hypothetical situation) and a week or so later we get married.

At this point, what's the score? Can I apply for AOS without having to leave the country first? You see where I'm going with this.

Thanks guys,

Carl & Alicia

Thankyou to everyone for your input so far - this seems like a great community.

It seems that the general consensus of opinion is that the K-1 will be denied outright at interview because I tick the box for 'druggie felon'. Is there any way to file for a waiver in advance of an interview? I suspect not as one must first be turned down before appealing the refusal!

Many thanks and kind regards,

Carl

Hi,

We're new to this forum and are starting the process (currently preparing our I-129F) that will, hopefully, lead to me relocating to be with my fiancee in Arizona. I've done some research and found that I will need to take a Police disclosure with me to interview if/when we get that far.

I will be 31 years old in February and was caught in possession of cannabis at the age of 17. I pleaded guilty by letter and was sentenced to £125 fine when I was 18. Then, just a few days later, was caught again, prosecuted and fined another £150. Stupid, I know. Such is the folly of youth!

These convictions, whilst spent under the Rehabilitiation of Offenders Act, will be present on my disclosure and I fear the worst for our K1 application.

Can anyone offer insight, advice, words of experience please? We are totally new at this and it's quite a steep learning curve!

Many thanks,

Carl & Alicia

Any thoughts on a canabis possession? he was arrested and went to court but was never in custody...this was about 12 years ago...

If he was convicted he will have a criminal record and it will be on his police certificate.

he was convicted and fined, but was not held in custody...is this going to be a deal-breaker as far as the embassy is concerned? he was 19 at the time...

Hi,

I too would like to know the answer to this as I was convicted of posession of cannabis when I was 17 and again when I was 18 (daft lad). I'm now 31. I pleaded guilty by letter to each offence and was fined both times (£125 and £150 respectively), but that was the limit of the sentence.

Thanks in advance

Carl