LadyJane

I'm so sorry to read about your situation.

You are definitely entitled to be happy. You are also entitled to your share of the marital assets. Get yourself a good divorce lawyer to protect your rights and your share of the assets. If you stayed at home, then you might be entitled to alimony payments. Again, this is an issue to bring up with your lawyer.

Michigan is a no-fault divorce state. So no formal cause for divorce has to be filed with the court. All you have to show is that the fundamentals of the marital union (which is subjective) have been dissolved and there is no chance of recovering them. Michigan also has a 3-month "cooling off" period where the final divorce paperwork cannot be filed until three months have passed after the initial paperwork. So, in that duration, you are married.

Filing an AR-11 is expected when you move. I don't think it will have any negative effects on your travel in and out of the US.

There is no requirement for a permanent resident to have a job, as far as I know. You are free to enter and leave the US, within reason. If you are gone for too long out of one year, then that is not good.

The only other thing I can think of is that, for the duration of the affidavit of support, your husband is financially responsible for you. Check out the I-864 papers and see if you meet any criteria where the affidavit of support is applicable.

Good luck!

The local store here was told by Customs that they weren't allowed to import them here anymore, because of toys are a choke hazard.

http://en.wikipedia.org/wiki/Kinder_Surprise

Seriously out of control!

We always bring back at least 5 dozen Montreal bagels, my husband hates the "round bread" thingys here in the US. And sometimes we bring back maple syrup, but last time we were up there we had bought 10 tins so we're OK for now. We *would* bring back KinderEggs, but they're not allowed here in the US.

Good call on the Diana sauce! My husband loves the honey BBQ!

Ooops, I just re-read my previous post and I made an error. I apologize!

I meant to say "I don't see why" you will need a waiver for your fiancee. I am guessing that you are asking because you had submitted visa applications for your first fiancee and your first wife?

From experience, I can say that they have NO CLUE. We explained the situation to Officer X. They told my husband that he could come here, get married in the US, go back to Canada and apply for advance parole in addition to the I-130 (for a CR1). Then, the next time we called (to verify what border guard #1 said), they said "no you can't do that, there's no Officer X here".

...and I've heard stories that the border or USCIS will *just say* things to the potential immigrant to get them out of the country, only to turn them away when they try and return before they have an immigrant visa...thus forcing out-of-country immigration visa processing.

It's true that you do have a valid TN visa, right now. But, like jedinite said earlier, that pretty much goes out the window the moment you marry because it is a clear sign of immigrant intent.

You really did get the best advice from the VJers when we say "stay here in the US".

We met in person-at a poster session in a chemistry conference. Such nerds, we are.

I always think of Canada when I hear "The Old Apartment" by BNL.

In 1998 I filed a 129f with my fiancee back then and it did not work out so she went back home after 2 months then in 2005 I filed a IR1 visa for my then wife but I cancelled it because she joined some cult, now its 2008 and I am about to file a I129f for my new fiancee, will I be needing a waiver ?

I don't see why not. On a more personal note, I hope that you find happiness with your fiancee!

There's a VIA station at Dorval airport also, which will take you to Gare Centrale. There is a shuttle to the station outside the airport, which is free.

http://www.viarail.ca/business/en_affa_airc.html

I don't think a lawyer is going to tell you anything that you haven't heard here. There is no loop hole.

My advice is to do what you can to change the wedding. Disappointing people is sad, but being denied entry to the US would be even sadder. Your livelihood and your relationship should be your #1 priority, not necessarily in that order.

My husband and I have been waiting 8 months for anything to happen with our CR1 application. We're living apart, traveling back and forth across the border. It is expensive to run two households. And married people should really live together. But we've both got our respective jobs, etc.

Your situation would be very difficult if you were denied entry into the US, which I could very well see occuring. The fight to get you back into the US would be extremely difficult and costly to your company. Plus, you'd be apart from your soon-to-be wife.

Disappoint the family. THey'll understand.

I agree with Ms. Z here. It would be more difficult for you to NOT be able to return to the US. And, I'm all for doing what is best for you first...because you live with yourself 99.9% of the time.

Your family will definitely understand. Good thing though, is that it seems your family is coming from Visa Waiver Program countries (ie. Australia) and won't need to apply for a visitor visa to come to the US. They shouldn't need to cancel their airline tickets: I'm guessing they'll fly to T.O., and it's a relatively short drive to Niagara Falls, NY or even Detroit, MI.

I certainly understand why people do not want to part with original documents. But if there is no way to obtain a certified copy from the office that issued the document, then I don't see any other way. You can't submit a Xerox copy to the NVC. You do get the documents returned at the interview.

For the DS-230 application, I made Xerox copies of all the original documents. I also put each original document into a plastic sheet protector and put the NVC case number in pencil on the document and in marker on the sheet protector. That should help with keeping the documents from getting lost or getting damaged.

I wrote a cover letter for the DS-230 stating what was included in the package and that I have xerox copies of all original documents.

Check out the Canada forum also, this question may be better suited for us US-Canadian couples. Warlord is a good person to talk to because he had done AOS after spending a few years on a TN visa. You may want to send him a personal message regarding being able to work on your TN visa after applying for AOS.

I would highly recommend getting married here in the US, not Canada. If you are asked at the border, you will have to say that you are married. Because you are a holder of a TN visa, you may not be able to show adequate ties to Canada. In turn, those two factors may indicate that you have immigrant intent and they may not let you back into the US. Yes, you can do what pushbrk said-neglect to mention it. But, I would recommend avoid the border all together.

Indeed! If your wife's country is on the Visa Waiver Program, then she does not need to apply for a tourist visa.

However, that does not necessarily mean she will be granted entry. This topic comes up often in the Canada forum. We have recommended that the visiting spouse should bring plenty of documentation to show ties back home (i.e. home title or mortgage, apartment lease, letter from employer), and copies of paperwork from the USCIS or NVC (i.e. the I-797 NOA1 or NOA2 on the I-130, or letters from the NVC). And remember that entry to the US is subject to the border guard.

It goes without saying that being polite, and giving honest and open answers is the best policy. However, that does not mean to offer extra information.

Good luck!

Would it be possible for you to visit your wife and pick up the documents? I know it's an expensive proposition, but if the mail service in the Ukraine is that bad then it may be worth the peace of mind.

I know that Loto stresses to use caution using her alternative, and I would also caution against that approach.

Hehehe small correction - using his alternative

You got only 1

If you review the attached document's (interview letter) last page, you can read:

"You need to submit all the originals to the consulate that were requested by NVC, but were not submitted to NVC"

I don't think NVC really check original/certified copies validity, but the consulate will do. However, those are MANDATORY to NVC checklist.

Loto

Oh I'm sorry! Eeek!

I know that Loto stresses to use caution using her alternative, and I would also caution against that approach.

It's my understanding that a notary can't vouch for the validity of a document.

http://www.nationalnotary.org/howto/index....xt=whatIsNotary

Being a devil's advocate, it is very easy to forge documents and the notary has no way to knowing that it is a true and legal copy of a document.

I certainly understand why people do not want to part with original documents. But if there is no way to obtain a certified copy from the office that issued the document, then I don't see any other way. You do get the documents returned at the interview.

For the DS-230 application, I made Xerox copies of all the original documents. I also put each original document into a plastic sheet protector and put the NVC case number in pencil on the document and in marker on the sheet protector. That should help with keeping the documents from getting lost or getting damaged.

I wrote a cover letter for the DS-230 stating what was included in the package and that I have xerox copies of all original documents.

Good luck!

Yeah, it does stink that you have to submit all of this information. But, it's not like AP limbo where you are in security checks for an indeterminate amount of time. This is not a reason to despair!

I've seen a few cases at several Indian consulate where additional information was requested by the CO. In those cases, the information was reviewed and the visa application was approved. Submit the information they requested and they will review it.

Bear in mind that financial information carries alot of weight. From what I've seen, a mix of showing familial and financial ties works well. So, receipts for the engagement ring or the engagement party etc will be very helpful. I'm not sure if a DVD will be reviewed. And, the key word here is "representative": photos (preferably of you two with other family members etc), letters, etc.

Good luck!

It seems like they are overly optimistic when giving timelines. I had called the DOS on Valentine's day and the visa operator had told me "a couple more days".

...

One month later, my husband was cleared from AP.

So, take it with a grain of salt. It's nice they said 10 days, at least they are telling you something!

There are non-financial means of showing the bonafides of your relationship, some of which have already been shared. Here are a couple more:

Affidavits from friends and family members who know both you and your spouse personally and can attest to the bonafides of your marital relationship is another piece of evidence that you can provide to the USCIS. This statement should be signed in front of a notary and notarized. There are additional instructions on the I-130 about what information to include.

Photos of you and your spouse together are also nice. I made a Word document that talked about our relationship, how we met etc and inserted a couple of photographs. I would suggest that including photos of the both of you with your parents or family members is a very nice *bonus* because it says in photos that you are indeed a couple and your families know of your relationship.

I was in a similar situation. When I divorced my first husband (Mr. X) , I did not change my name back to my maiden name (Ms. T). I got married to my current husband using the last name of my first husband.

My marriage certificate reads: Ms. X married Mr. Awesome on this date.

Might I suggest sending in the following with the RFE, if you haven't already:

Copy of your birth certificate

Copy of your marriage certificate from your first marriage

Copy of your divorce decree from your first marriage

The I-130 asks if you have had your name changed for any reason-i.e. previous marriages-that you send in legal documentation that effected the name change. (It's #8 under "What if your name has changed?")

Hope this helps.

Lady Jane,

That is exactly my situation. I sent in both of our birth certificates and my complete divorce decree but I didn't think about sending a copy of the marriage certificate of my first marriage. Thank you soooooo much . Didn't think of that! .. Just hope they don't get confused! lol... Did you have any problems with the name difference?

I am wondering if you sent a copy of your complete divorce decree.

Yes. I sent the complete divorce decree but they still want more evidence.

Malak,

I sent in all of those items (i.e. marriage certificates from both marriages, divorce decree and birth certificate) with the initial I-130 submission, but I almost forgot the 1st marriage certificate because it is very easy to overlook. They won't get confused, they just need proper evidence of a legal name change. We had no problems with our I-130 submission, no RFE's.

Good luck!

I was in a similar situation. When I divorced my first husband (Mr. X) , I did not change my name back to my maiden name (Ms. T). I got married to my current husband using the last name of my first husband.

My marriage certificate reads: Ms. X married Mr. Awesome on this date.

Might I suggest sending in the following with the RFE, if you haven't already:

Copy of your birth certificate

Copy of your marriage certificate from your first marriage

Copy of your divorce decree from your first marriage

The I-130 asks if you have had your name changed for any reason-i.e. previous marriages-that you send in legal documentation that effected the name change. (It's #8 under "What if your name has changed?")

Hope this helps.

Congrats on getting that phone call saying that AP was over! Depending on the embassy, it could take anywhere between 1-2 weeks for them to put the visa into your passport and send it back to you. When you cross into the USA, the border guard's office will put a stamp onto the visa.

We'll see you here in the States-welcome!

It seems like your wife's pay for 2007 was very low. Ask yourself: Were there circumstances that prevented her from earning more money (i.e. working part time or a student or spending part of the time outside of the US to visit you or other relatives?)? What is your wife's current pay and is that enough to support your household at 125% of the poverty line?

If there were extenuating circumstances that were involved in your wife's pay for the last year, I would suggest writing a letter to explain the situation and include it in your I-864 package. If your wife can now support you, then I would include representative pay stubs, a letter from her employer or other evidence that shows what she is currently earning.

As for a co-sponsor, it seems that her income may not be enough to supplement your wife's income. The issue of using the house as an accessible source of income is sometime accepted by the consular officer and sometimes not. I would recommend finding another co-sponsor that can show they can support you on their income or assets.

I definitely think that it is appropriate to express your disappointment with the process, especially since VSC is beyond the normal 6-month processing times. Writing a letter is definitely a good way to express that you expect your petitions processed in a timely manner.

I would say that your is too emotional for the purpose of the letter. I'm not trying to deny your feelings of anger, disappointment and bewilderment. However, the only message I got from your letter was that you were upset. I suggest removing portions that threaten (i.e. "you will be getting more letters") and convey emotion (i.e. bewilderment, anger, etc). Use logical arguments.

You're trying to get the VSC to process your petitions. I hate to say this...but they know that everyone is waiting and the only thing they can do is process one petition at a time. So, they are not very attuned to the personal suffering that we have all felt so deeply while in this visa journey. You may think that writing a letter to "make them" understand your pain would help them to process family immigration petitions faster, but you'd be incorrect.

I agree with MsZ. Reword your letter so that you are more detached-use the FIFO approach, explain that many USC spouses or fiances rely on financial support of their alien spouse and that there is a very real prospect that people may need to go on public support until their alien spouses arrive etc. Things like that will strengthen your argument. Make very specific suggestions that they can use to help speed up the process, and do not threaten. However, suggest that intervention of Congress in this matter may expedite money or human resources to help solve this issue-offer to help the VSC in getting these extra resources by getting individual congress(wo)men involved.

Premise: The VSC should process family-based petitions within the normal processing times.

Arguments: {fill in}

Suggestions: {fill in}

Conclusions: Incorporation of the above suggestions is expected to reduce processing times for family-based petitions.

Good luck!