jumbo mambo

11 minutes ago, geowrian said:

If their AOS was denied, then they would need to address the reason for denial.

 

I've seen it regularly on this website week after week after week.

Yes  USCIS always need to mention the reason for denial and  the options with a letter .

Nowadays they use public charge a lot  also   /212 (a) (6) (C) or  (i) / 212 (a) (7) ( A) and some others to deny 

if some others had their status using a VWP its possible but right now they deny many applications.

On 7/23/2019 at 7:11 PM, A and F Brazil said:

Hello, I just got in US with the K1 Visa. We are going to marry soon, but first we are worrying about the last name our family will have.
As I'm Brazilian I have 3 last names and I use to be known by the first of them (signature, social media e etc). That's completely common in Brazil. Happens that in US just the last last name is your actual legal last name. My fiancee and me are trying to figure out a way to make my first last name as our legal last name. She loves my first last name and actually wanna that more than me.
Is there any way to change it before the marriage? And after?

You could change your family name while in Brazil  before you got issued a K-1 visa and now that you must get married and apply for your status you need to wait to get a Green Card and after that you can change your name in U.S court but in that case it would not be same family name(s) as your brazilan passport and you would not be able to travel. so you need to  use the names you have  in your brazilan passport which would be same with your GC.

So your best bet is to become a permanent resident first and later become a  U.S citizen and at that time you can change your first name , last name or both during the naturalization ceremony and you dont even have to go to a U.S court.

19 minutes ago, Paul & Mary said:

K3 requires an accepted I-130 followed by an I-129F.   Just filing a I-130 get you a spousal visa (cr1)

 

3 K3's got approved this fiscal year.  All in latin america.

yes true  thats what I said.. a  K-3 can not be issued without an approved  I-130 but  not everyone is approved of their I-130 for  Cr1 or IR1 and once they are denied  they re in deep xxxx  .you used  the mexico connection right ? why didn't you wait in Hong Kong (where I lived in the 70s. 80s and 90s)because it would take way longer and maybe denied .. than what ?

On 7/26/2019 at 12:52 AM, Nitas_man said:

We don’t actually advise others here on what we “think”.  

 

We advise based on what the rules say and what our experiences reflect.

 

Any post implying that “a case looks better” based on flying over / getting married in the US directly contradicts thousands of real experiences.  

 

I dont think or advise but I am just another guest here ,but if you are in xxxxxxx I  would not have any emotional content but just  follow the orders.

Therefore a legal marriage taking place in a country where the couple wish to reside  is always better, for example  if you marry in japan to a u.s citizen it will say that  if you are married in japan your are married in the u.s .YES  but  NO.... 

if you have an international marriage and plan to marry and live in Japan you should do that marriage in Japanese jurisdiction and live there but you can also use that to move to u.s or elsewhere but the marriage will always be recognized as Japanese marriage. it will work ,YES  but it will work better in Japan.

but if you plan to live in the U.S than its always better to let that marriage  take place in U.S jurisdiction and that will always be recognized as  a U.S marriage by all means . people dont do that and its not they dont wanna do that its because THEY CAN'T DO THAT ,because the person who are  their spouse to be  IS NOT ALLOWED ...unless they go thru that long  painful visa process

So thats why most without a choice  marry in overseas and try to use the immigrant visa to get to U.S otherwise their spouse would have no way or chance or  they have to use the K-1 ,K-3 or other visa rides  to let the finance  enter the U.S and apply for her/him here in the U.S .So either way its all pain in the xxx ....

Also thats one of the reason foreigners using the U.S birthright citizenship to gain an instant citizenship for their foreign kids because if they do that outside of U.S and are foreign nationals  their kids would not become an instant citizens  . would they .

On 7/23/2019 at 1:30 PM, Paul & Mary said:

 

Incorrect.   Marrying in country is a spousal visa, I-130.  Marry anywhere you want, where it is legally available.  For example we married in Hong Kong.

 

incorrect ? I wonder if  you know what is the spousal visa application I-130 and K -3  fiancé visa and K-1  fiance visa differences .

K-3 is filed with I-130  application  because K-1 is just a fiancé visa and its valid only 1 single entry into U.S and the couple must marry within the 90 days ( not 3 months- 90 DAYS ) 

On the other hand K-3 is the same process of I-130 and  K-3 intended  to improve the speed of the waiting time for I-130 while abroad . also the spouse  can make multiple trips to U.S during the I-130 process and to get a K-3 visa you must be able to prove that you have an approval on your I-130 and pending .

so the only difference  between K-1 and K-3 the K-3 is litte more costly than the K-1 

Besides you got married in Hong Kong and you just used a Mexican permanent residency which was a smart act and registered your wife as a Mexican resident and that way you made your I-130 process faster  as the next door country and was done in a shorter period of time so  your wife got a conditional GC.  so  if Cathy or her u,s citizen finance would have a Canadian permanent residency and they would be in the same shoe with you and do the same thing ,

but unfortunately they dont... 

On 7/26/2019 at 1:03 AM, Nitas_man said:

Except for that pesky affidavit of support.

True 

On 7/16/2019 at 9:50 AM, Amy92 said:

Hey there 

 

We went through the whole k1 visa process from filing to approval for a year. We were together for 5 years, 2 years together and 3 long distance with visits to each other at least once a year. In May I finally moved to the states with Ryan, my then fiancé . The day before our wedding he called it off. Absolutely devastating, heart breaking news. I was extremely lucky to have my family in the States for our wedding so I flew home with them last week after the wedding was called off. Well within the 90 days. Just wondering now if there are any implications for me? Is there a way I can have the K1 visa removed from my passport? Has anyone on here gone through this too? Any advice and support would be greatly helpful. Thank you! 

Hi 

Dont feel bad, that K-1 visa now is useless and just forget about it  and if you wish to return to u,s just engage or marry someone else  

BUT the previous K-1 visa  without even being processed and not  your fault  will hunt you down as a problem  so you can simply report that to u.s embassy where you received it  in order to clean up your name and record or you can just ignore it and face the circumstances.

I 'd say go and explain to the embassy so you dont fall into a bad position because you never did apply for an immigration benefits so its ok but just make sure that embassy knows about so they dont suspect and target  yours a fake marriage as it would affect your future ones because K-1 visa can be cancelled by them and you dont need to act like you lost your passport and get a new one, because its in embassy records... so 

GO TELL THE EMBASSY what happened...

He ? dont worry  he ll pay for that ..god is watching all  and what goes around comes around ...

2 minutes ago, cathykerbey said:

@jumbo mambo that makes total sense. thank you!! we were initially thinking of going for the I-129 but you and the other people on here are right: the I-130 is definitely the way to go  if we couldn't do the wedding in his hometown (which is difficult to get to lol) could we get married in Buffalo NY (somewhere near Toronto) or would that defeat the purpos

Cathy 

You re very welcome , yes everyone else is right because as I mentioned you have to go thru almost to same thing so instead of I-129F  I-130 is better  except if the application is denied you cant appeal the decision .

if you are in Toronto yes  Buffalo NY is the best and closest city but Detroit or  Chicago is also same ,

yes you dont have to go to his hometown just to get a marriage licence so  you both can marry in any state and city.

by the way. as you may know there are three different ways for you to do this 

1- Getting the I-130 immigrant relative visa and entering to u.s and receiving a conditional card followed by a LPR card 

2- Getting a  K-1  and enter the u.s  and marry within 90 days and apply for Adjustment of status 

2- Getting married in that country and obtaining a  K-3 visa and entering to U.S and applying for Adjustment of Status 

As far as marrying outside of his home state concerns maybe  there will be some other extra  paper works  about him as non-resident of that state where marriage took place  and the taxes and all that questions will arise 

but it can be done..

YES.. its true that a GC must be valid  but  a  GC maybe expires but a residency wont.  if not they would not have a thing called  returning resident .. would they ? 

The old GC s from the 70s till late 80s  had no expiration date  until 1989  but that changed and they were allowed to come back after  20 years but even if that is passed now  they can still come back to U.S and enter and change it to 10 years LPR cards.

So yes  an invalid GC is not good but  not all airlines check that and if they do shes got a stamp in her passport showing that she s got an IR1 stamp and she can board a plane bound for u,s , besides a GC validity  is really any concern of a foreign country  but an invalid passport.

like you can have a valid GC and invalid  passport would they let you board a plane ?

NO.... 

so  a valid passport and invalid GC is way better chance for her to get back to U.S  and thats what I was saying 

26 minutes ago, cathykerbey said:

Thanks @jumbo mambo ! Can I ask why you suggest getting married in the US? Does it look better on our application instead of Canada? Thanks

Hi Cathy

YES , I definitely think its much better and looks and works better and that is not only for legal purposes but for all other reasons.

According to the law it'll say that it doesn't realty matter where the marriage took place so it all legal  and YES

BUT  if the marriage takes place in the U.S jurisdiction its much better BECAUSE   if you both were U.S citizens that would be easier to marry in Canada or elsewhere and maybe less paper work but you are an Ireland citizen and he is U.S  so  that would bring some extra paper work, questions and  stuff like that. so if you go and get the marriage licence in his state and city  that way you are in better hands because the documents will work better. if you know what I mean .

I just noticed that you plan to go for I-129F Fiance visa and  its ok but I would say dont do that because after entering to U.S you have to go thru the Adjustment of Status hustle and that is nowadays is like a hell. so dont do that and  just  go for I-130  immigrant relative visa 

that way you maybe wait little longer in Canada but if you do I-129F you have to prepare almost the same documents , like medical exam and enter to U.S with the same closed envelope and the U.S immigration interview at the POE and  start for AOS process ..so  why do that ? just go for I-130 and you ll be done sooner.

So I would still say go  together to his state and city and do the marriage and fly back. As you know applying for I-130  used to be directly thru the embassies but no more  so you have to apply thru the NVC and after you apply you ll have  your fingerprinting first and that follows the interview in the embassy and than receiving the immigrant visa and the POE and receive your residency in a matter of weeks  . so if you ask me that is better because you ll be living in the U.S so why go thru all the hustle and questions , like why in Canada, have you travelled to u,s with him and buncha other questions by USCIS ,so if you do it in the U.S thats it  its a matter of U.S  ..DONE

On 7/10/2019 at 7:41 AM, kline19 said:

He had no legal right to withdraw the application unless he faked a request to withdraw on your behalf (which might have involved forging your signature)

 

I think you probably want to get in touch with a lawyer as soon as possible. If your 90 day window to apply for i751 has passed then this could trigger the process of sending you an NTA by uscis.

YES  thats what he did and its criminal .... 

On 3/6/2018 at 11:53 AM, cute-cactus said:

Hello everyone, 

 

I need some help with my situation. I can't find any good information so I hope some of you can help me. I am a legal permanent resident married to a citizen of the United States. In April 2017, my husband and I jointly completed Petition I-751 to remove my residency requirements. We also sent evidence such as:
- Copy of our marriage certificate

- The check for the form I-751 showing both of our names and shared address
- A copy of a check for the escrow company when our house was in escrow showing both our names  
- 3 pictures of our future house
- Tax return for 2015, 2016 showing the filing status as "married" and shared the address
- Copies of the bank statements from our joint checking and saving account with transaction pages  (2015, 2016, 2017)
- Insurance policies showing me as the primary beneficiary (401K etc...)
- Copies of our joint medical insurances from employer showing a shared address, joint insurances, showing m eas the beneficiary
- Copy of a phone bill 
- Photocopies of our driver licenses showing our shared address
- Sworn affidavits by 5 persons attesting our relationship and marriage 
- Copy of dog adoption agreement of our dog adopted in February 2016 with 3 copies of veterinary bills showing both of us as the dog owner, a shared address and our phone numbers
- 40+ photos of us, with our dog, family, and friends 

- Envelopes sent from family and friends addressed to both of us showing shared residence
- Invitation card for the baby shower of my sister-in-law
- Tickets from events we attended to (concerts etc...)

 

I received in May 2017 the Notice of Action Form I-797C for my biometric appointment, and I did my biometric appointment in June 2017. 

 

We had an update on our case status on March 5th 2018 saying that our case will be transferred to a local office. 

 

Unfortunately, my husband decided just a few days ago that he wanted to divorce. We have been married for 3 years and almost 7 months. He has not yet applied for a divorce. 

Like I said, our case status was just recently updated saying that our case will be transferred to a local office. My question is: What should I do now if I get an interview or if I don't?
Will they deny the 10 green card? Will I be deported? Should I ask a divorce waiver now? I don't know what procedure to follow to have my case approved, even if now my husband wants to divorce. I am scared, stressed and exhausted and I don't want to have any problem with the immigration. Is there anybody in my situation or who has been in my situation?

 

Thank you

your post is wrong .. 

you are not a  legal permanent resident- LPR 

rather  a conditional card holder....

now start again .............

NO he cant do anything to you. just dont sign anything for  divorce.... you can do that by yourself ,because you can prove that you entered the marriage with good intentions and you ll be approved... or if you had any you can file for DV .. ( domestic violence ) 

easyyyyyyyyy

On 7/15/2019 at 3:36 AM, IslandMate714 said:

I have been trying to contact NVC for two days(Thursday and Friday) now and no luck getting through, when I say none I mean NONE!!! I submitted all the documents paid my fees but I had to resubmit two documents because they said they could not be read clearly. So I resubmitted the requested documents. It's going on week four since I sent the documents, everything else that I sent has been accepted. Should I just give up calling NCV to see if they will look at the documents or keep trying? This ish is so frigging frustrating I just want my husband here and to be done with this part of the process.  

What do you mean you cant get thru NVC ?  it takes little time on the phone  but they will answer you and they re the most professional in immigration affairs I 'd even say the best

just be aware  of the local USCIS  branches and staff .. their job is denials   .

On 7/10/2019 at 8:43 AM, cathykerbey said:

Hello!

 

Myself and my partner Michael are currently living in Toronto on a two year work permit. I am from Ireland, and he from the US. When our Canadian visas expire (September 2020) we want to move back to the US, so now we are starting to put together our I-129F Packet. My question is - if he shows connections (i.e work contract/offer for September 2020) to the U.S are we able to apply from Canada while we wait it out, or should he move back to the U.S now? We would prefer to remain living together during this process.

 

Any tips out there? Thanks!

 

-Cathy

best choice ? Go to u,s get married, back to  Canada apply to u,s embassy (via Chicago & NVC ) for I-130.work in Canada, when the IR1 issued go back to u,s together with immigrant visa... 

easyyyyyyyyy...

On 7/8/2019 at 3:26 PM, belgorod said:

I have a complicated situation. My wife went to care for an ailing relative in Russia. She traveled with our son, born here in the U.S. (thus he is  an American citizen). She has been unable to think about returning until now, almost a year later. I've been visiting her and my son at every opportunity.

 

Her greencard expired in October of 2018, and it was lost in January. She is ready to come back now, and I am seeing my options: Filing an I-131A application for a travel document, or the SB-1 visa. I completed the I-131A form, but when I tried to pay the required fee online, the system told me they did not have a record of her Alien registration number, or anything else. The only proof she has that she was a LPR is the original IR visa in her passport.

 

Anyone have any opinions about my options? Should I just file for another immigrant visa using the I-130 form? Does the fact that her son (and mine) is an American citizen change this situation in any way?

 

Thanks in advance.

First of all LPR- Green  Cards  NEVER EXPIRES. . dont let her go to u,s embassy for SB1 n stuff, . she can just  fly and enter to u.s at the POE  CBP  will question her but she  can explain her reason so they ll let her in and she can apply for a new one,. 

easyyyyyyy...

18 hours ago, OllieJ said:

Last year my wife and I got married prior to completing our master's degrees (she chose to forgo OPT for the EAD card). She received an expedited EAD card and began working several months ago at a large company, however, this company does not commonly sponsor foreign employees. In the past several months, my wife has said she no longer wants to remain together, wants to put her career first, and solely focus on her ambitions among other reasons. We plan on withdrawing the marriage petition and signing the divorce papers shortly. Currently, we have not yet had our USCIS interview as it's been about 10-11 months since we first submitted the marriage petition.

She has said that she plans on continuing to work at this company until she can get a H1-B visa in a few months. She's said that the EAD card will remain and she's authorized to continue to work despite withdrawing the marriage petition and signing the divorce papers.

Is this realistic? I have read that the EAD is linked to the marriage petition - so I'm unsure what will happen when we do withdraw it.

Is her plan even feasible? Can she still receive OPT? Isn't relying on the H1-B visa risky as its a lottery system?

what do you care brah..withdraw it and let her go .. she was into her gc and stuff like most fakers .. get rid of her now.... you ll  be happy....

2 hours ago, nekotakacho said:

I called them mid-day about 4 times. 3 times it said it was too busy and to call back later. I finally got in the queue and waited almost an hour to speak to a customer service representative. He took down my information and said he would open a service request, and to wait 30 days. I told him that was unacceptable and that I need to speak to a Tier 2 supervisor. He was reluctant and told me that Tier 2 supervisor has the same access as he has. I asked him why it could take 30 days and he didnt have an answer. I told him I wanted an answer TODAY, why our biometric appointment has not been scheduled.

 

He setup a call with a Tier 2 supervisor, had me record my full name, and the automated system said I would get call within 141 minutes. 

 

So about 350 minutes later, they called me, when it was very inconvenient. I finally spoke to the Tier 2 supervisor and asked him why our biometric appointment was so delayed, or if we even missed it?

 

He told me because of the Privacy Act he cannot disclose any information to me, since I am not the applicant. I explained to him that I am the one who did all the paperwork and sent in the check that they cashed so quickly, but are unable to talk to me about.

 

I am so furious, I told him I would be lodging a formal complaint. I told him how I waited all day to speak to him and he couldn't tell me anything. I am kinda furious.

 

Ontop of that, I gave my wife the instructions on how to call them and navigate the automated system. She says its too difficult and I spend too much time here on Visa Journey and she's really ungrateful. Maybe I should cancel this AOS.

That would be a smart move.