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moonhunt

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Posts posted by moonhunt

  1. my interview will be at 13 of July , what iam saying what if i going to my interview without embassy got the case yet ?

    and i don't know when i send e-mail to NVC when they will answer me ?

    thanks for ur efforts

    Call NVC to verify when they sent out the package for your case.

    Also I would recommend to carry copy of all documents you did submit to the interview just in case.

    Including I-130/I-129F package and approval notice.

    Sometimes some people misplace the case paperwork, so don't assume anything.

    Be prepared for all kinds of "just in case".

    Very fist wisdom to deal with immigration is, "Better be over-prepared than sorry!"

  2. What is the address printed on cover sheet, which have bar-code ?

    Just use the address from bar-code coversheet.

    In my own experience, they forward the mail from 32 Rochester Ave to 31 Rochester Ave.

    But as long as you have correct case number, and bar-code sheet, it will forward to right department/personal.

    Or you can email "the choice of agent" to nvcinquiry@state.gov, I believe.

    Refer to this, http://www.visajourney.com/forums/index.php?showtopic=117 .

    Make sure that you include NVC case #, Beneficiary name and DOB, Petitioner name and DOB, both beneficiary/petitioner's email and phone numbers.

    I am confused and looking to mail this on my lunchbreak. there are so many address, which one is correct for the choice of agent? Sorry for the double posting, just need this verified.

    National Visa Center

    Attn: CMR

    31 Rochester Ave. St. 100

    Portsmouth, NH 03801

    OR

    National Visa Center

    Attn: ACL

    32 Rochester Ave.

    Portsmouth, NH 03801

  3. i agree, but from other point they are legality married for 6 years now ,

    maybe he can start process from beginning the only problem there is no wife to stand with him.

    Probably changes are very very slim.

    Since he didn't follow up with the case for 6 years. first thing I will do, if I were USCIS adjudicator, will be checking whether they still manage the bona-fide marriage.

    It is marriage-basis case, so checking bona-fide marriage is almost certain.

    For 6 years marriage, they should have plenty of proof, and USCIS will expect that if it is legitimate marriage.

  4. Nope. No different treatment.

    They stick to the rule.

    Petitioner and beneficiary are responsible for case follow-up.

    If he didn't do the good job, and the case was closed with administration issue - no response for 1 year or longer -, it's his/her faults.

    So in most case, they need to file it and pay it again.

    As somebody else pointed out, US immigration system consider LPR - Lawful Permanent Resident -, and naturalized US Citizenship as privilege, not a right.

    So if you don't do it, sorry! No make-up for late action!

    For marriage-based LPR or citizenship application, USCIS adjudicator pretty much have concerned about bona-fide marriage proved.

    So chances are high to be caught by USCIS adjudicator.

    That's why I "strongly" recommend consultation with good experienced immigration attorney.

    Not following-up with his case is his own fault.

    ignorance is not excuse for this case.

    That's why a lot of people hire immigration lawyer even though it seems pretty straight forward process except waiting, and waiting...

    If he doesn't manage actual, real marriage with US citizen, who petition the case, USCIS may look at the case as marriage scam to get permanent resident card.

    Also, if he doesn't manage legal immigration status at this moment, he can be kicked out - in professional term, deportation - at any time if he caught by USCIS officer or any government agency, who have access to his immigration status check.

    but in general there is way to get green card later citizen ship

    without wife going to interview, from this position

    he bin waiting for 6 year , maybe he shut wait and don't do anything and maybe there will be some kind of amnesty for immigrants?

    or this is different case , he wil be treated like fraud marriage and will be deported?

    thanks.

  5. *Not sure if this is the right forum...mods feel free to move as appropriate*

    Has anyone (of legal age) been refused the sale of liquor, when using a Legal Permanent Resident ID as proof of age?

    It should be fine.

    But remember that most American may not know much about immigration.

    We are familiar with USCIS and immigration stuffs.

    But most ordinary people doesn't know much about it.

    So they may think like...

    What the heck is this?

    Is this fake ID, which can purchase from the street ?

    I don't care.

    It is not State ID or Driver License, so I can not trust this. :whistle:

    Let's think this way.

    If the ID badge from State Department have DOB printed, can it be acceptable as age proof in the store?

    It's up to store policy.

    But Green Card is new for a lot of born-in US Citizen.

    So they just think it is one of untrusted source ID.

    Also, most western people can not identify asian people's age.

    But you can mention your wife, "you look so beautiful, and so young! I envy you!" :innocent:

  6. thanks for reply

    First, what is the current status of his petition ?

    i think is still pending, last thing he did is went for medical exam , and received a work permit witch is expired already.

    If he received EAD based on I-485 AOS, he can get renewal for EAD.

    He should be approved long time ago if he was filed for the spouse of US citizen.

    If there is mail delivery problem between his residence and USCIS, his case may be denied based upon administrative case closing for non-response for 1 year period.

    the address was changed but mail was forwarded to new address he never received any more information and he

    left case like this,

    now he is worry ,they still are married,but wife is gone.

    Did he file AR-11 Change of Address, and notify to the case by the method written in I-797 Receipt Notice ?

    All non-US Citizen needs to report their Address Change within 10 days of event to USCIS.

    Also most of USCIS mail have "Do not forward" printed in their mail envelope, so it may not forward to new address even though he has mail-forwarding service requested.

    Usually it will be returned to USCIS back as "undeliverable".

    so what the best thing to do ? start digging papers and send request for status,

    or wait when President Obama will do something for this.

    thanks again

    Find I-797 Receipt Notice, what we called NOA1 - and other documents, then schedule local USCIS office appointment using InfoPass - USCIS appointment schedule system from www.uscis.gov -.

    Then ask for current status.

    USCIS may think he abandoned his case.

    Second, during the process, USCIS adjudicator "may" ask for bona-fide marriage relationship.

    If they find it out that he is not living with her, USCIS adjudicator may suspect immigration fraud based on fake marriage relationship.

    In that case, USCIS can cancel his whatever immigration status, and kick him out.

    Also USCIS citizen spouse may be in trouble to assist immigration fraud.

    I would strongly recommend to consult with good immigration attorney since every case is unique, and his case may be more complicated with his situation.

  7. Extreme medical situation is very subjective.

    So don't be rely too much on that one.

    In U.S., you can file the petition - I assume, I-130, since you are married - for your husband to USCIS.

    USCIS will review your petition case, then if they approve it, it will be moved to National Visa Center, which is a part of US State Department.

    Then it will be forwarded to US Embassy, where your husband live, or have jurisdiction for the location of your husband living area.

    So it will be taking from 6 months to 2 years for most cases.

    If you can travel to his country, another option you have is filing I-130 through Direct Consular Filing at US Embassy with your medical condition info.

    If your husband country's US Embassy allows DCF, it will make shorter if you have all information/documents ready.

    They will go through security check, but since all other stuffs will be handled from same place, it may take usually 2~3 months for whole process.

    But some US Embassy will take DCF, but others don't.

    Check Above "Guides" tab, and you will find most of information from there.

    Since you are married, you should check I-130 for his immigration visa.

    Remember that we are talking about "immigration" visa, which will be converted to Permanent Residency when he arrive in U.S. soil.

    If you are interested in Visitor visa for temporary stay, it's another story, but since you are married to him, it may not be easy.

    Most of visitor visa has to prove "non-immigrant" intention, and since he is already US Citizen's spouse, they will assume that he has immigration intention.

    So proving otherwise is always big challenge.

  8. First, what is the current status of his petition ?

    He should be approved long time ago if he was filed for the spouse of US citizen.

    If there is mail delivery problem between his residence and USCIS, his case may be denied based upon administrative case closing for non-response for 1 year period.

    USCIS may think he abandoned his case.

    Second, during the process, USCIS adjudicator "may" ask for bona-fide marriage relationship.

    If they find it out that he is not living with her, USCIS adjudicator may suspect immigration fraud based on fake marriage relationship.

    In that case, USCIS can cancel his whatever immigration status, and kick him out.

    Also USCIS citizen spouse may be in trouble to assist immigration fraud.

    I would strongly recommend to consult with good immigration attorney since every case is unique, and his case may be more complicated with his situation.

  9. hi i have a question..

    i filed our K1 after my divorce from my previous marriage (7yrs)was finaled...the effectivity date of the divorce was in february,i filed march..we have our NOA2 now.im planning to go to the philippines on my fiance's interview to give support.my question is what preparations we need to do?

    Also be aware that some State family laws prohibit re-marriage within certain period such as 1 year after divorce.

    You have to check the family law regarding re-marriage from where you will declare your re-marriage.

    That was from old days when there were difficulty to find new born baby's parentship after divorce/re-marriage.

  10. My fiance has already called them and requested the tax info but that was a month ago and they haven't sent them to him yet. He called them again today, let's see if they will send them now.

    Thank you guys.

    If he has fax machine closed to him, he can ask IRS to fax it.

    But resolution is not good.

    Usually if you ask for Tax Return Transcript for last 3 years, you can get it within 3~4 weeks.

  11. My nieces are Americans and are here with my mom. Their mom is in america and wants them to come home.

    Is it possible for me to take them through POE?

    You may check with US Embassy and airline for better clarification.

    If they are two years old, you may need to get the letter from both their father and mother.

    Because of the problem of kidnapping and parent's issue with the right to raise them, I think US law requires the letter from both parents.

    But since you are coming back to U.S., not the other way, it may be different.

  12. I filled my I-485 two months ago, and today I was looking for my I-94 to get a driver's license and couldn't find it. I think I lost it while making copies of all my documents to send with the I-485. Do I need to apply for a new one before the interview? I don't care about getting a drivers license now, I just want to know if there will be a problem at the interview if the I-94 is lost.

    Better try to find it.

    As TayRivers pointed out, it cost much of money and time.

  13. 6.11.8)..Can I go get a "normal" Social Security card after AOS?

    A..If you have a Social Security Card with "valid only with USCIS (INS) authorization" on it, then go to the Social Security office after AOS with your passport or green card and get a new Social Security card that does not have the restriction. You will still have the same Social Security Number. Do this as soon as practical. It is in your best interest to inform the Social Security Administration of your immigration status after Adjustment of Status.

    We went there last week (we filed the AOS last week also), but they said we need to have an EAD card in order to change my wife's last name or to do what's above or anything... What's the proof that she has officially filed AOS before we get the EAD for few months? What do we need to bring to the social security office?

    Above FAQ writer may mean after AOS "approved".

    Since SSA doesn't know whether it will be approved or denied, they can not process the request for SSN status from conditional to unconditional.

    Probably you may have to wait until AOS (I-485) approved.

    Even with EAD, it has valid expiry date in it, so you may get same restriction printed on the SSN card.

  14. My fiance wants to go to community college to study for real estate license after his arrival, i know there are many college classes offered in Real Estate. However, he would like to attend immediately or 1 month after his arrival.

    We will get married immediately after his POE... but my question is... k1 visa--- I94 -- is that sufficient to prove his residence?

    What tuition does he pay ? residence $20 a unit or non residence $190 a unit ?

    Anyone know?

    Contact the school he wants to attend.

    Each state has different rule for resident-rate for tuition since it is tax-money funded.

    Also each school may have different rule, too.

    Also certification/license may have different requirement. ^^

  15. Hello vjers,

    I am slightly confused here the timeline when i can apply for my citizenship. We've been oficially married for 4 years, and I received my PR card August of last year (2008). So My question is whether my eligibility for applying my citizenship test is 3 years ever since I've got married, or 3 years after the PR card issued date??? FYI, I skip the CR-1 process and actually never got one because I went back to my country after we married and came here with K3 visa. Please I know so many of you are visa experts and can be able help me to answer this question.

    Thank you in advance!

    For short answer, you should have been 3 years since you have been Lawful Permanent Resident AND married to same US Citizen for last 3 years.

    For complete answer, you may check M-476.

    http://www.uscis.gov/files/article/M-476.pdf

  16. What was your biggest obstacle that you had to overcome?

    Sometimes I felt like that I may need some privacy.

    Sometimes I felt lonely because most of my friends are in South Korea.

    I live in rural area, where not many Asian people live.

    Actually a lot of kids are looking back to see me again since they are seeing asian guy in first time for their life. ^^

    You can do things for him since he is new in this area, but sometimes you have to give something for him to play with.

    Yes, I know. I'm the one of guys from Kyungsangdo. :whistle:

    When you make some decision, you can keep asking his opinion, so he can feel like decision maker. :thumbs:

    Usually wife in the family is the queen, and husband is a kind of servant to the queen. :devil:

    Keep maintaining communication between two of you, and give some time for adjustment.

    He will be fine. :innocent:

    Give some time to understand better by himself.

    Keep dealing with USCIS, government, and job market may require patience. :whistle:

  17. Hi Yu & Dan & Moonhunt, you two have been so helpful =)

    I did read the guidelines on obtaining a SSN. I know what we need to bring, my concern is ... the second form of identification... since i'm sure the Social Security office would not accept a Korean Citizen ID... so they would probably be asking for another form of ID with a Photo ?

    That was my biggest concern. Because Birth Certificates does not present a picture attached...

    Anyhow, i think we will register for marriage certificate first, then send off out I485 +I765 + I131 to USCIS. Then lastly we will apply for the SSN.

    Then we will take care of DMV .. etc ..

    Sorry, asked so many questions, all the sudden I realized that ! OMG! He's coming soon! so much to prepare ...

    You can use his Korean Passport.

    Since Passport Identification page will have DOB, it should be enough.

    Normally for LPR, it is simply foreign passport (and/or US Driver License) plus Green Card (I-551).

    I think EAD will work fine instead of Green Card.

    For K1 Visa, you can try to use K1 Visa for that purpose, but it may be different from SSA employee to employee to honor it or not.

    K1 visa is 90 days validity, so if I were you, I will wait until EAD arrive.

  18. So I should have 3 ---- COVER PAGES instead of 1 right?

    I should have like 3 big binder clips but all 3 sets of forms are being sent off to the same location inside one envelope ?

    If you file all together, there is instructions for special mailing address from instructions.

    If I were you, I will write single cover letter to have all listed.

    Also for advise, when your sweetie come, let him read all instructions and preparations. :whistle:

    He needs to be familiar with the process by himself.

    First thing he needs to learn is to read all documents/instructions not to miss any fine print. :innocent:

    If you do it by yourself, you can same a little bit of time, but it may not help him to learn things in American Way. :devil:

    For first 5~6 years, I did read all instructions for immigration forms, tax forms, and a couple of books regarding immigration borrowed from local library. :whistle:

  19. I live in Los Angeles- if we apply for our marriage license at the County Clerk's Office, how long would it take for us to receive our official marriage certificate ?

    I will be depending on LA local country rule.

    Some place can issue marriage certificate same day, or take up to 10 days.

    Usually you should get marriage license first, then have marriage ceremony.

    After marriage ceremony, you can get witness' and pastor's signature, then bring it to County Clerk's office or family court's office to get marriage certificate.

    People had told me that, its much easier to get married Vegas ? And marriage certificate is generated automatically?

    If you don't have time/money for marriage ceremony, you can ask for civil ceremony performance done by court judge with one or two witness.

    Sometimes local law have mandatory period between marriage license and marriage certificate.

    Your County Clerk office or Family Court office should have information for that.

    It is local rule, so your best resource will be your local County Clerk or Family Court.

    It can be done by yourself easily.

    Any suggestions? Real life experience?

    Probably it will be better to do it from your local County Clerk office.

    It will save the money/time for travel.

    Also, you may need to get the certified copy of marriage certificate later.

    So in my opinion, it's best to get it done from your home town. :innocent:

  20. So on the application for social security number's instruction page it had indicated to bring an ADDITIONAL FORM of ID!!!

    Fiance can bring his passport.....

    And what else??????? Birth Certificate translated copy? What else is acceptable? What about an international driver's license ?

    Check SS-5 application form from SSA website.

    That contains all information you need to know.

    www.ssa.gov/online/ss-5.pdf

    According to SS-5 Page 3, forign nationals needs to bring foreign passport (valid one), and immigration document.

    Probably in this case, you may wait for AOS and EAD.

    In the past, EAD and valid passport was sufficient to get SSN, but nowadays it may vary from SSA employee to employee. :whistle:

  21. Does the translation of the birth certificate have to be translated professionally?

    What kind of translation are they looking for?

    Because when fiance had his interview in Korea, he translated the Birth Certificate himself and the Korean embassy accepted his own translation. My questions is when we submit documents for the AOS do we need a more professional translation service done?

    You can do it by yourself.

    But you have to translate it completely.

    No ommition, or abbreviation...

    Then you can visit your local bank or wherever they provide the notarization.

    Most bank have notary public service free for their customers.

    In front of notary public, you have to sign the document for "accurate" and "full" translation done by translator, who can be anybody.

    Notarization is done for full/accurate translation done, and it doesn't have to be authenticated or professional service.

    Actually I think Republic of Korea government may have English printed document for some of their document.

    You can ask your sweetie to check with city hall or "dong-sa-mu-so" whether they can issue family census - or family register, whatever they call it now - in English version.

    So you don't have to worry about translation if they do.

    You may ask him to have those in multiple copies because it is difficult to get it from Korean Embassy/General Consulate in here.

    Usually it is valid as long as there is no change in most cases.

  22. ON THE USCIS WEBSITE:

    If you filed a Form I-485, Application to Register Permanent Residence or Adjust Status, on July 30, 2007, or after, then no fee is required to file a request for employment authorization on Form I-765. You may file the I-765 concurrently with your I-485, or you may submit the I-765 at a later date. If you file Form I-765 separately, you must also submit a copy of your Form I-797C, Notice of Action, receipt as evidence of the filing of an I-485.

    You may be eligible to file this form electronically. Please see the related link "Introduction to Electronic Filing" for more information.

    When i file for I485 AOS for my fiance after our marriage takes place, and we also fill out the form for I-765 for EAD, WE DON'T HAVE TO SUBMIT THE FEE OF $340--- BUT if we decide to submit the I-765 after the initial submission of I-485, we must include the receipt ... do we still pay? or the fee is still waived ?

    The fee for EAD (I-765) is included in I-485 AOS fee.

    The receipt they are talking about it is the receipt I-797 NOA1 for I-485.

    so they can confirm your payment for I-485.

  23. Hi guys. :thumbs:

    i am an Irish national. i came to the USA on the vwp and met my girl here.

    we fell in love and we are expecting a baby now. We are very much in love.

    We got married recently and we sent off our forms to apply for the K1 visa ect.

    As of yet we have not heard anything back.

    We would like to go for a short break in Hawaii for a few days.

    is hawaii airport like the other cities airports of america for entry ?

    Or will i get in trouble ?

    Is it better to stay putt

    thanks for your input on this :innocent:

    If possible, stay low.

    For travel documents, only government issued passport is acceptable for inter-country travel.

    Since this is the travel within U.S., you can use passport and/or driver license issued from US government agency.

    Foreign driver license "may" not be honored since it is not valid outside of that country.

    But since you came to U.S. as VWP participant, if US ICE officer or immigration officer found out, you can be kicked out right away.

    VWP participant is not eligible for any lawful protection such as appealing.

    No protection or extentions of the stay.

    If you are spouse of US Citizen, you may apply for Adjustment of Status to LPR based on IR1/CR1/F2A status approval - F2A have limited quota -.

    But even during those time, you can be kicked out since you don't have any right for appeal or legal protection as a part of VWP deal, and also it may initiate 3/10 year ban for coming to US depending on your out-of-status period.

    So if you want advice, please stay low, and don't go near to anywhere US CIS/ICE or any lawful agent is hanging around.

    Nowadays you never know.

    Even you can be asked for your passport and immigration document when you get on board to ride bus.

  24. In a way, i kind of wish the medical was true so he will be forced to come to U.S. sooner -) hehehe... he's got a lot of planning & organizing to do in Korea... so, i just have to wait patiently. But i think you guys are right, Medical only applies to the interview date and not POE -)

    Thanks for all the help ! :blush::blush::blush:

    When he need to book airline ticket, he can request for special discount for immigration one-way ticket with his visa. :whistle:

    Most airline have special discount for one-way ticket discout for immigration.

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