LadyJane

I would suggest that you include a short letter explaining why you didn't work for those years in your I-864 application. If you are now currently employed, a letter from your employer stating your pay, how long you've been with the company etc. will show that you are collecting an income. And, of course, all of the relevant information for your sister-who is your co-sponsor- will be necessary.

Good luck!

PS: Also be aware that, at the interview, the consular officer does have the right to ask for information beyond what you had shown in your I-864 application. So, you may want to consider sending your husband updated financial information (i.e. bank statement, asset statements, letters of employment etc) for his interview.

It is, generally, a good sign! From what I've seen here on VJ, when a CO keeps the passport it means that they will be able to make a decision in a couple of weeks.

I don't see why it should. Most vehicles today have both mph and km/h on it. In the U.S., miles are larger since we use those, but in other countries (Canada included), I've been told that km/h is larger. Either way, the other unit of measurement is there too.

I was asking the question because my motorcycle's speedometer is a digital one and only displays km/h.... :-(

The speedometer on my husband's motorcycle is a dial, and it does read both. But, km/hr is the primary unit of measure. I think it'll be fine. Crossing over, we weren't given much grief about *importing* the motorcycle except that I think they would have liked to see some kind of emissions test on the bike. They let us cross it over without any statement of emissions, but they I don't think they were too happy about it.

I don't see why it should. Most vehicles today have both mph and km/h on it. In the U.S., miles are larger since we use those, but in other countries (Canada included), I've been told that km/h is larger. Either way, the other unit of measurement is there too.

I was asking the question because my motorcycle's speedometer is a digital one and only displays km/h.... :-(

Have you checked your owners manual? My mom had a car a couple of years ago that had a digital speedometer and it could switch back and forth between mph and km/h (in fact...the car had originally been sold in Canada, she bought it used in the US)...maybe yours switches back and forth, too.

BTW Aravis, I love your pirate photo! Arrrrrrghhhh!

Well, with the working together and living together...I can't shake this guy!

But, I will say that all of the waiting and all of the missing him has been worth it-so now we are together and making everyone nauseated with our cuteness. Our evil plan is working. Muahahahahahah!

I guess that's why I like VJ so much, seeing couples get united after waiting for so long.

March 6th... I am not sure where that pic is.. my mom kept a lot of my wedding pics

That is awesome. We were married on March 15, 2007.

Hey! Us too!

LOL

What kind of paperwork did you get from the USCIS, was your AOS denied because you were out of status when you applied?

Even without considering the AOS, it seems you were more than 180 days out of status. But, I'm not sure how long. I'm not sure what your status would be once you've applied for AOS.

I'm guessing that you are now applying for a K3 or an IR1 visa? If so, then also please read up on the process for applying for these visas. I think that addressing this issue upfront in your I-130 and/or I-129f applications will show good faith that you are trying to attain legal status. They'll know about your case anyway. You may also want to read about I-601 waivers, and plan for the worst-that your K3 or IR1 visa application will be rejected based on your out-of-status.

Good luck!

I hope these come out, they're from my flickr account.

Trailmix, where are your photos?

Necrotica, your dress is so lovely and you both look so happy! It makes me smile to see such happy wedding pictures.

That's right, Warlord, there is a cap on the number of H1B's available. I remember that, for the past two years, the USCIS got twice the number of applicants on the day that the visas became available.

However, I don't think that the cap applies toward universities. But, again, it usually applies for people with university degrees. So, post-doctoral research fellows, visiting scholars or doctors etc...

Anyways forgot about the job offer. Yeah that might be the best way to do it. I'm trying to think what other work visas there are that maybe you could be qualified for. H1B possibly since there is nothing in there about forbidding immigration intent? I don't know too much about work visas other then the TN which definatly will not work in this situation...

Yes! The H1B is considered 'dual intent' and you can adjust status from it.

I would agree with the above suggestions that if you have made up your mind to get married and then apply for a US visa, then really look into the CR1 visa. Depending on the wait times of the applicable embassies (is Montreal still the only embassy to do the CR1 interviews?) then it may be advantageous to go the CR1 route.

If the wait times for a CR1 and a K3 are almost the same, I'd highly recommend the getting CR1 visa. The immigrating spouse will be able to immediately work in the US and travel outside the US with a CR1 visa. The fees for a CR1 are less expensive than a K3/AOS. One thing that hasn't been mentioned is the fee to remove the conditions on a CR1 visa, but you won't need to pay it until two years after the CR1 is issued.

You can visit the US during the visa application process, without an extra visa, if you are a Canadian. But, it is really up to the border guard to let you in. Entrance is never guaranteed, it may help to bring evidence that you will be returning to Canada. Remember to always be honest, answer questions concisely and confidently.

My husband brought over about 12 bottles of alcohol when he moved here, and it wasn't a problem. We almost didn't want to give the bottle of Cuban rum to his parents though (it was very yummy), but we didn't want to get into trouble over that.

Here is a list of ineligibilities:

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

YuandDan is right 212(a)(6)©(i) is a broad class of ineligibility based on misrepresentation of a material fact. If the CO provided you with more details during the interview, it would be good to address that during your waiver.

Good luck!

If he has already had the vaccines, then he can ask the doctor to run "titer" tests where they take some blood and do tests for the antibodies. If the levels are high enough, then another vaccine may not be necessary.

First question Can we send DS-230 directly to embassy/consulate like you mentioned?

Second thing is we cant say "present" in from/to part it is meant for date only you cant type letters on it.

1. No, everybody needs to send the DS-230 to the NVC directly if they're going for CR1/IR1 visas. Also go to the DOS to find out if you need to submit extra documentation with the DS-230.

2. You can write "PRESENT" on it by hand. That's what we did, no big deal.

Diana

I revise the nvc procedure once in a day, thats why i got shocked when Ladyjane suggested that we can send DS-230 to embassy,although she is gold member that compeled me more to ask the question otherwise i know the procedire.

Guys if we cant type letters on from/to column of DS-230 that means they want us to type dates on that column so why should we type and print all columns and write present by hand.

Even us "gold members" make typing errors!

I'm sorry about the confusion.

It's been our experience that the CO can ask for anything that they feel is pertinent to the case, most of the CO's are very thorough! I would prepare the corrected I-864 and bring it to the interview in case the CO does bring up the topic of finances. Finances is the one subject that I've seen several VJers get "dinged" on during the interview and they have to submit additional paperwork after the interview.

Hello everybody

im appling for CR1 visa to immigrate to the united state and i have an interview date , i have sent all inquired documents they asked for to the NVC and it got completed , but i did not send any court records because i've never been charged or commited any crime . but receintly i found out that some one charging me with a Cheque (wasl amanah) Money and i have to go to the court little days before my interview in usa embassu. so will i have to bring a record for this to the interview or i should not mention it in the interview that i never commited with any crime regarding that im not charged with anying and i did not sign this Cheque (wasl al amanah)

what you advice me to Do ?

not that the case is just started.

thank you very much

It was my understanding that the DS-230 required a police certificate from each place you've resided in longer than 6 months. Did you submit that with your DS-230?

I agree with pushbrk in that you shouldn't necessarily offer up the information. However, I would recommend that you do be prepared with documents etc that pertain to the court charge should the topic arise.

Good luck with your interview!

I'm really sorry Joy&Junior about your case. While it seems like it's been handled poorly by your lawyer, I wish that you had a better understanding of your case from the beginning. I would like to strongly urge you to become an active participant in your husband's visa application process, because it does seem to be very serious. You need to learn everything that you can about your case so that you know what are the next appropriate steps.

Do not call the USCIS or NVC again. They are correct, your husband really should be in Brazil during the visa application process.

Read all of the excellent advice emt103c and rebeccajo have given you; read all of the guides here on VJ.

First place to start: demand a copy of all of the paperwork your first lawyer has filed. You have every right to the paperwork. If necessary, file an injunction to get the paperwork. Did you write out checks for the application fees? If so, what was the amount? That will help you figure out what paperwork you filled out.

Next thing: please get another lawyer. If by then, you don't have the paperwork from your 1st lawyer, have your new lawyer call the USCIS or NVC to figure out what is going on.

Good luck.

LJ, so you think it is his profession/education that held him up? That's kind of funny (ironic?) if it is because under NAFTA all he'd need is a letter from an employer and he would have been let into the country.

My husband is an EE and a PE. Perhaps not as threatening as being a chemist. (My major!) :-)

MsZ,

We know that was the case. The CO asked to see my husband's CV/resume at the interview (which he didn't have). So we got a 221g for the CV/resume and next thing we know the case is in DC for additional security checks. Our congressman's liaison found out more information for us, and confirmed it. It was most surprising because the SAO's are usually reserved for non-immigrant visas. However, now we know, the CO can request one for an immigrant visa applicant.

The TN visa really wasn't an option for us-he wouldn't have been able to adjust status from it and even though it can be renewed each year, I know that the discretion given to Random Border Guard X doesn't mean that would actually happen. Plus, he wanted to escape from Quebec!

My issue is that there is the possibility that her husband's whereabouts has been misrepresented on the I-130, it doesn't matter if it was intentional or not. The USCIS may view that as another no-no, minor when compared to the illegal entry and stay, but still evidence that the applicant is trying to circumvent legal channels of immigration.

And rebeccajo is certainly correct. You have to have legal status to adjust from. One simply cannot adjust status from illegal entry. Marriage to a USC does enable a legal channel of immigration but, for the reasons stated above, the petition is almost certain to be denied. A I-601 waiver cannot be filled out until after the applicant has been denied the visa at the interview.

I'm assuming that you are doing paperwork for a CR1/IR1 visa? Your husband is having his interview in Brazil because you've stated on the I-130 that he is currently living in Brazil? Otherwise you would have filled out the I-485 (adjustment of status) paperwork and the interview would be at your local USCIS office. If you could please let us know which route you are going, that may help us help you.

I concur-get a lawyer.

I'd also suggest sending in the DS-230 on your own, there's no need to wait for the embassy packet.

First, check to see if your embassy is an appointment post. If so, then you'll need to collect all of the documents relevant to your case (i.e. birth certificate, marriage license, police certificate etc) and send them with the DS-230 to the embassy. If you are submitting your papers to the NVC then you'll need to have everything that is not already in English translated into English. Anyone fluent in both the native language and English can do the translation. For the translations you'll need:

1. The original document (or a certified copy)

2. The document translated

3. A statement swearing to the fact that the translation is true and that the translator is fluent (conversant) in both languages. I recommend getting this piece of paper notarized.

Your husband will need to sign Part I of the DS230, but not part II!

Don't forget to say "present" in the from/to part of sections 20 and 22 to indicate your husband's current home and employment.

I can only speak to security checks at the embassy level.

My husband's case was sent to the DOS after his interview, for a Security Advisory Opinion because he is a PhD chemist. From reading the I-601/221g waivers forum, it is my understanding that security checks are initiated at the embassy level for many different reasons. And these security checks are more thorough than what is done at the USCIS level. It is my understanding that everyone at the USCIS level undergoes a basic name-check/ security check.

If you do need additional checks at the embassy level, then the case is sent to Washington DC for very detailed checks at many more government agencies. It's not fun: there is no way to expedite the case or knowing what is a reasonable time frame. Sometimes the embassy lets you know what is going on, sometimes you need to get your congress(wo)man involved to know that your case has been sent to DOS. We weren't told what was going on: we were just told that "oh, this will delay your case" and sent home. There have been folks who have been waiting for several months, and my heart truly goes out to them for all of their patience and devotion during that hard time. The time spend in this depends on alot of things: the reason why the case was sent to DOS, the country of origin (things like record keeping, the prevalance of common names etc), and the information you've already provided to the embassy.

We spent two months waiting, and I know that was short. I think that my husband being in Canada, having a unique name and having public presentations for his research helped make the checks run smoothly.

Hope this helps.

I agree with previous posts: use a co-sponsor to be on the safe side. Even if the AOS were to pass at the NVC level, the embassy may require a more substantial proof that you could support the incoming family member. The embassy has the right to "up the ante" (so to speak) and request information beyond what has already been provided. So, it seems prudent to be over-prepared. Especially since you were a student for two years' prior.

I am a graduate student, and so I went through something similar. I had no "income" for 2 years, only grant money (which was not taxable and hence no W2 forms). So I made sure to show all of my assets and make it very clear that a) I was a student and B) I was still OK with being the only sponsor. I wrote a cover letter for my I-864 packet and included representative financial aid forms and a letter from my employer. It was no problem at the NVC or the interview.

Your case number will be on the first set of forms that you get from the NVC...aka the DS-3032 (the Choice of Agent form).