The Way it Is

My husband has a previous entry from 1993. He claims there is no proof of this entry and we should go for the Waiver in Mexico. How would I find out if the US really does not have any prior violations on record? I was told to request and FOIA, but from who? Boarder Protection? Is there other ways. He says he was never finger printed going in or out and never stopped during entry or exit.

1993

enter and exit

no fingerprints

waiver in Mexico

What are you talking about????

As far as the US Govt is concerned, you are still here accumulating illegal presence. This will cause you big grief on future visa applications. Search (sorry, I dont remember where) the USCIS, CBP, DOS web sites, or just google for it/ There is an address (in KY I believe) where you send the I-94 along with proof of when you left so that they can correct your record, and "log" you out of the US.

Luxembourg - don't fall out of bed or you will end up in Belgium !

First one tonight to for go for the a$$ expletive - must be closing time at mcdonalds - hope you washed your hair

I was adept in economics when you were in diapers sunny jim haha !

I have forgotten more about the US and the EEC than you will ever know

If brains were dynamite you wouldn't have enough to blow your hat off !

I would rather talk to a brave honest red neck than a pencil neck like you

quite childish.......

I will need these forms for AOS?

• I-485
  
• I-864, affidavit of support
  
• G-325A of intending immigrant and U.S citizen spouse
  
• I-693 vaccination supplement form
  
• employment verification/bank statement
  
• copies of W2 and income tax return 2006
  

This things is making me crazy when my husband telling me that he did submitted these forms already and during my interviewed at manila. I did explained to him (That i dont even know too ) Anyway, we will need to submit I-485, I-864, affidavit of support,G-325A of intending immigrant and U.S citizen spouse for AOS? He getting cranky ( "Just do what they said so less hassles" )

Someone is confused. You adjust status after you have been admitted to the US and want to adjust status to that of a legal resident. These have nothing to do with an interview at Manila, and he does not submit the forms...you do. Its your petition but you will need information from him to submit the 485.

why would anyone let the OP rile them up? this topic is not even in the realm of possibilities, so why bother arguing with him? he is just having fun at the expense of those who will join in

He rile me?? Almost pathetic...for a guy who has never been the Texas and claims to some kind of expert on rednecks is almost laughable. Just let him keep talking and making a bigger a$$ of himself as he basically knows Jack S**T about the US or the EEC or basic economics.

Hello, After dating a couple of months, I got engaged and went ahead and legally married my girlfriend from South Africa. She then went back to plan the wedding and got cold feet a month before the wedding. So she called off the wedding and now I don't know how to approach the enulment stage...How will this affect her in the future? Any problems returning to the US if she goes through with the enulment?

Thank You...

Let's see/...you legally married your girlfriend...then she went back to plan the wedding, and then got cold feet?????

What the hell does all of this even mean??

B)-->

The I-94 is important contrary to what was posted. You will need to turn it in at the interview...If you dont have it you will need to file for a replacement copy.

Hello VJs,

I have lost contact with my spouse, since I ve decided to move back my country becouse our marriage was a nightmare. Now, she doesnt want to talk to me anymore and changed phones, address, etc. I am ( or was?) a K1 holder with AP and EAD ( bouth expired). During my 1 year stay in the USA my case was pending of aproval ( Actually in the USCIS page my case appears as still pending)

So now its impossible to contact her and I cannot go back to the USA due my AP is overdue.-

She may have divorced me.... so... How Can I get the divorce decree since I cannot enter to the USA?

Any suggestion?¿?¿ Many thanks and good luck everybody.

If I understand you correctly, you don't know whether you are divorced or not. It would seem the first step is to find out and then the second step is obtain a certified copy of any divorce decree. If you are not divorced and want to be, you should be able to obtain a divorce in your home country, regardless of where you married.

The procedure for finding out about divorces and/or obtaining copies of divorce decrees varies according to State and local policies. Your wife or former wife would have filed for any divorce within her local jurisdiction. Do you know in which County and State she has lived since you marriage? If so, which County and State?

Divorce is her home country?? Not possible. They have absolutely no jurisdiction in the matter without the permision of the US spouse. They have no jurisdiction over property, bills, nothing. Only a US court would have jurisdiction but would require the cooperation of the foreign spouse in accepting jurisdiction of the US court....I.e. accept serive.

Find the US jurisdiction where the divorce may have taken place..search their data base to find out if it has/had been filed, or call the court clerk, and request a copy of it. My county in California has all the cases on line...and instructions on how to receive a certified copy.

This is NOT the way it is. Divorce does not have to occur in the country of marriage. If not claiming any property, property isn't an issue. Also the US spouse does not require any cooperation of the foreign spouse. "Service" can be done by publication. Do you think the foreigner's life is in the hands of the USC, since he can't return to the US? Is THAT the way YOU think it is?

By the way, the OP is a "him".

The county is the state where they live now, has jurisdiction...period. If the OP decides to return to some country...that country would not have jurisdiction.....because they cannot get jurisdiction of the US resident, because he cannot be served here the same way that you cannot serve someone in a foreign country without them accepting service. Service by publication requires court permission in some jurisdictions after demonstrating that all other means of service have failed.

If the US resident was served by some court overseas by some means (dont know how)...he could have it quashed in his county court as it is the court of jurisdiction.

One more favor, does any one know a link in this forum or else where I can find step by step guide to apply for my father, I have applied for my wife using the K3 step by step guide,,, but I don't think that apply to my father case,

Any help will be appreciated

Thanks in advance for the input

file an I-130

Its available on the USCIS site.

Hello VJs,

I have lost contact with my spouse, since I ve decided to move back my country becouse our marriage was a nightmare. Now, she doesnt want to talk to me anymore and changed phones, address, etc. I am ( or was?) a K1 holder with AP and EAD ( bouth expired). During my 1 year stay in the USA my case was pending of aproval ( Actually in the USCIS page my case appears as still pending)

So now its impossible to contact her and I cannot go back to the USA due my AP is overdue.-

She may have divorced me.... so... How Can I get the divorce decree since I cannot enter to the USA?

Any suggestion?¿?¿ Many thanks and good luck everybody.

If I understand you correctly, you don't know whether you are divorced or not. It would seem the first step is to find out and then the second step is obtain a certified copy of any divorce decree. If you are not divorced and want to be, you should be able to obtain a divorce in your home country, regardless of where you married.

The procedure for finding out about divorces and/or obtaining copies of divorce decrees varies according to State and local policies. Your wife or former wife would have filed for any divorce within her local jurisdiction. Do you know in which County and State she has lived since you marriage? If so, which County and State?

Divorce is her home country?? Not possible. They have absolutely no jurisdiction in the matter without the permision of the US spouse. They have no jurisdiction over property, bills, nothing. Only a US court would have jurisdiction but would require the cooperation of the foreign spouse in accepting jurisdiction of the US court....I.e. accept serive.

Find the US jurisdiction where the divorce may have taken place..search their data base to find out if it has/had been filed, or call the court clerk, and request a copy of it. My county in California has all the cases on line...and instructions on how to receive a certified copy.

I worried about this mine are not quite 2x2 our English photobooths just don't seem to do that size. I have sent what I got out of the machine but admit I am bit worried. Any English people done the same and either got away with it or not as the case maybe? It would be good to know.

Emma

go to a photoshop and have them make it 5 CM by 5 CM. That is about as close as you can get to 2" by 2" and are aceptable.

No, he doesn't need to become a USC to get his wife and minor children to the US; he can petition as an LPR, if what I read and posted is correct.

According to the link I posted but that nobody read, they're processing applications from 2002 in that preference category (2A); not 1992.

The OP is from the P.I.'s They have a separate dates for the availibility of visa numbers.

I did read what I posted, clearly nobody else did.

I answered the OP's question several posts ago. Nobody paid any attention.

Well...I read it. It appears that you are correct!!!

That a 2a is processed sooner than a first preference.....makes no sense to me as I thought the lower (higher?) the preference, the longer the wait time.

No, he doesn't need to become a USC to get his wife and minor children to the US; he can petition as an LPR, if what I read and posted is correct.

According to the link I posted but that nobody read, they're processing applications from 2002 in that preference category (2A); not 1992.

The OP is from the P.I.'s They have a separate dates for the availibility of visa numbers.

if i become US Citizen how long will we wait to get my wife and 2 yr old and 1 yr old kids?

this is found on http://www.travel.state.gov/visa/frvi/bull...letin_3219.html

and it says:

FAMILY-SPONSORED PREFERENCES

First : Unmarried Sons and Daughters of Citizens: 23,400 plus any numbers not required for fourth preference. ------[b]THEY ARE PROCESSING THIS FOR 1992 APPLICANTS STILL..IS THIS TALKING ABOUT THE MINOR SONS/DAUGHTERS OF CITIZEN LIKE MINE? OR NO?[/b]

Second : Spouses and Children, and Unmarried Sons and Daughters of Permanent Residents: 114,200, plus the number (if any) by which the worldwide family preference level exceeds 226,000, and any unused first preference numbers:

A. Spouses and Children: 77% of the overall second preference limitation, of which 75% are exempt from the per-country limit;

B. Unmarried Sons and Daughters (21 years of age or older): 23% of the overall second preference limitation.

Third : Married Sons and Daughters

The visa bulletin is correct.

they are presently processing for 19922 applicants in your case.

You need to become a US Citizen, and then you can go thru the K3 process to get your family here.

First of all, separate the Federal Immigration laws from State divorce laws. Her immigration status is of no interest to a state court regarding divorce.

Judges do not award spousal support to able-bodied young women who are capable of supporing themselves, especially when there are no children involved and day care is not an issue. Just because some lawyer demands something in no way means that is the way that the judge rules on such issues.

Even in a long term marriage (more than 7 years), where the wife has been a stay-at-home mom raising children, the wife only receives spousal support for half the length of the marriage.

Divorce is a luxury item and the standard of living will decrease for both parties if one paycheck is now going to support two households.

You need to talk to a lawyer and not sweat it too much. Just pay the lawyer, get the divorce (whether she signs or not) and get her out of your life. Her federal Immigration issues will be her problem.

The Way it Is,

Point of clarification: Yodrak did not point out that there is a culture in the tribal region of the mountains of Pakistan that prohibits the meeting of bride and groom prior to marriage. Yodrak pointed out that a fellow from Pakistan was successful in getting the requirement of having met in person waived by making certain cultural and religious claims.

I make no representation that the cultural and religious claims Mr. farhan made were legitimate, whatever those claims might have been exactly or how he documented them. Indeed, if you read through the the 2nd thread that I referenced you will see that a highly experienced and notable attorney took exception.

Do not twist my words. It makes me wonder how much of the other things that you write are also mis-representations.

Yodrak

I did not know until this post that there was any culture in the world that prohibited fiancees from meeting priot to a marriage. But, as pointed out by Yodrak, there is a culture in the tribal region the mountains of Pakistan. .....

Yodrak...Im sure that you spend alot of time in research when you contribute. YOU provided a link to someone who was successful (whaich I didnt bother to read by the way)...that equates to pointing out in my English language. Many of your posts tend to be in the noise level just correcting minuscua.

As to your comment about credibility...I have worked for three fed agencies...All are organised along the same federal buearucratic lines. The worker level that has all the responsibility (usually at the GS-12 non-supervisory level) are the people who do the work. They have the responsibilty but no authority. Authority to obligate the govt in any manner is vested at a high enough level so that decisions tend to be consistent. These people have a charter/warrant/delegation giving them this authority. The adjudicator simply does all the work, and prepares a staff coordination sheet for sign-off and coordination by all required entities and forwarded to the Director or some kind of chief who has the authority to give these approvals.

I have worked for Defence, State, and Interiror...and all are organized the same way. I have forgotton more than you will ever know about how the govt does things.

Im sure that I have some speeling errors for you to correct.

Can someone post a link or tell me where I can find a form DS-2001 in Spanish? I looked on several US Embassy websites for South American countries and cannot find one. I just want to get the forms and instructions to my novia before she gets her packet from the Embassy!

Bundy

sorry that I dont have the links.....but:

Go to the Dept of State web site (available under HOME tab)

Find the web page for the embassy in Madrid Spain

Click on espanol

Select VISADOS

Look under FORMULARIOS (forms)

Select SOLICITUD de DS-230 or the DS form that you need

If you say so - that must be 'the way it is'.

My dad just retired from his fed govt job after 30+ years, but he knew very little about the intricacies of the immigration process, nor the policies of an immigration service center.

I didnt say that I worked for the USCIS, nor did I say that I have filed 1000's of petitions. I only said that I have worked for the fed govt for years, and I have coordinated hundreds of documents thru approval at the proper level to ensure that it met the requirements of the law and the intent of Congress. These dealt mostly with govt contracts at very high dollar values where the approval authority was about six levels higher than my measly warrant.

Thanks for the info...didnt know.

My wife was told specifically by the US Consulate that her birth/divorce records did not need to be apostillized and to save the money, and that they were acceptable with certification from the issuing authority/court.

You will never never receive a NOA, approval notice or any decision from the USCIS signed off by some adjudicator. Thes approvals are given at a minimum of Division level. Doesnt matter how generous an adjudicator feels. He/she will be required to defend their decision, and it will be coordinated thru the entire staff offices as being IAW policies, practices, law, regulations, etc. of the department.

Ive spent quite a few years working for the federal govt and have been thru it 1000 times.

That's what I thought also. I would like to hear the experiences of people who already went through the process of applying for a driver's license and so forth.

I'm not sure how many original birth and marriage certificates one generally needs after moving to the U.S.

The US is not a signatory to the Hague Convention and an apostle stamp will not mean anything special to any US/state official. They only need it certified by the issuing country. Apostle stamps are only something between european nations that have signed the convention.

More to the point, though, how will the OP's case worker specifically interpret the 'law passed by Congress' when adjudicating their case? Please tell us, oh wise one.

That seems the more salient point to me in this example than the USCIS' interpretation.

I guess I dont understand your comment. The adjudicator is required to follow the published regulations of the HSC which are based upon legal interpretations, case law, etc. Any decison that he makes regarding the petition is only a recommendation, as he/she must get coordination from the chain of command including the legal department before the Divison Chief signs off on the approval denial of the petition. An adjudicator only does all the leg work and recommends approval/denial.

Assuming that the goal of the OP is to get his fiancee here sometime in the foreseeable future, it would be foolish for him to pursue a couse of action that will result in only delay and almost a certainty of denial as all have eluded to here. So to tell him that its worth a shot is not being realistic and could be a very expensive course of action as probably the only approval authority in this kind of case would be at the Board of Appeal level.

Do you realize how expensive and time consuming this could be?? He would have to pay for the transporation and per diem of his attorney to go to the hearing held at some service center, etc.

I did not know until this post that there was any culture in the world that prohibited fiancees from meeting priot to a marriage. But, as pointed out by Yodrak, there is a culture in the tribal region the mountains of Pakistan. This is new to me and thanks for the info.

Now if you are to claim that you belong to such a culture, it will have to be well documented by the religious/ political leaders of such a culture, and the USCIS would expect you to live all facets of your life IAW with the practices of this culture since you claim to be a member.

How much time/money do you expect this guy to exhaust?? You actually believe that this is a smart course of action??? Would you do it under the same circumstances, or would you save yourself all the time and expense and just jump on a plane and meet your fiancee??? I think I would prefer to meet her.

HI!

OK, They did NOT approve my husband and his sons AP when he went to the local office (Milwaukee). They do not give emergency APs unless someone is "dead or dying"... A court order requiring him to bring the kids to Canada once a month is not serious enough (contempt of court, jail time, etc...)

We are curious if the APs are updated on the USCIS site when there is a change in status and/or by email or will they just show up in the mail?

Any input would be appreciated! It would save us from checking for updates on a daily basis!

(Ok, we'll still keep checking anyway!)

Thanks,

J

Anyone?

J

Go back to the court of jurisdiction and file for a modification to the original court order based upon a change in circumstances.

Ok, "way it is." Since you have a crystal ball that tells you all about both the OP's situation AND the minds of all adjudicators, awesome. We can certainly use someone like you around here.

I agree - you'll be VERY popular around here!

Now, can you help me out with the winning lotto numbers for tomorrow?

The OP has a better chance of winning the lottery than getting a visa based upon the advice given by some posters here. Anyone can quote the instructions that come with the I-129F...knowing how the USCIS has interpreted the law passed by Congress is something different. After all, THAT's THE WAY IT IS.

Once we get a member who is a cultural anthropologist, we can start having a discussion about world cultures that may or may not have meeting prohibitions, etc, etc.

From a VJ standpoint, we've provided good information, taken directly from the instructions, and clearly stated that it's a HUGE thing to overcome the meeting requirement.

Whatever we think about what cultures or religions *might* think about meeting before marriage or however *sure* we are about what USCIS will do about the petition is great - but it's 100% non-proven.

The OP should start working with a congressional office and/or immigration lawyer to sort out the real chances. And the OP, now knowing the odds are against him, but the door isn't completely shut, can go ahead and file. $170 is less than a flight to India, I'm guessing.

And what exactly does an congressional office going to do?? They do not prepare petitions, they do not give legal advice, etc. A lawyer will charge you an arm and a leg. If he has any ethics he would not wate the OPs' money.

A flight to India is cheaper than filing a petition that will be denied with a 99.99% certanty and then having to pay for a flight to India after wasting many months.

What the OP needs to do, is bite the bullet, spend a few bucks and go to India to meet his fiancee.

That's THE WAY IT IS!