lrock1111

Hi- my fiance & I (I am the USC) are patiently awaiting our NOA2, and trying to prepare ourselves so we are ready when it arrives.

Regarding the police cert....

1) He lived in the US for 5 years before going home to Ireland. Does he need a cert for the time spent here?

2) He also lived in other countries while working for/being paid by an Irish company. Will he need police certs from those countries as well? It was a long time ago, so seems like a big hassle for something not that important, but I would rather be safe than sorry unless someone has a definite answer.

3) Has anyone obtained an Irish police cert from Dublin? How long did it take to receive? For how long is it valid?

Thanks for any help in advance-

Good Luck everyone- hang in there!

Your fiance will have to get police certifications from any country he has lived in & will also have to answer whether he has been arrested for any crimes...in the interview I wouldn't volunteer the information, but you HAVE to be straight with them.

Best of Luck!

I hear you MusicGirl! I so want to call (even though I realize it isn't my turn yet) but I think being hopeful is better than being disappointed. I think I will give it a few more weeks. I am at 94 days since my noa1, so maybe at around 115 I will start making calls? I don't want to flood the phones & distract anyone who should be working on our approvals!!

Anyhow- try to stay busy everyone...it's the best way to make the time go by. Hopefully in a few months we will be spending our VJ time with our SOs!!!!! (Hard to imagine, isn't it )

Good Luck everyone!

Congratulations! That's GREAT news! That's one more off the CSC list!!!

CONGRATS ANNETTE!!

I involved my Congressman yesterday and was pleased to get an very polite and attentive visa assistant. I was informed today that my case was expedited to NVC. Now all I have to do is get an appointment, any appointment, and she will then call again and get that expedited up. Man, do I feel lucky. I recommend seeing if you are also so lucky to have good representation...For once in the last few months I feel good about this process. Now I have an ally within the same government that takes eons to approve our petitions.

Hi Deron...way to be proactive! I'm curious about your conversation with the visa rep from the Congressman's office. Did you just talk to them regarding the long transfer time from CSC to NVC or about the whole process in general? I'm a May filer so don't feel like I can be too pushy yet, but I'm collecting tips just in case I get desperate

Congratulations and best of luck on the rest of this wonderfully efficient process!

Annette, you have to be getting some news soon! You are a few weeks ahead of me so you'll have to me know how things go in Dublin. Has your fiance started gathering anything (shot records, police certs, etc.) for the interview yet?

I'll keep my fingers crossed for you- hopefully you will get good news this week!

Good Luck!

I would assume the date issued on the hard copy is the actual NOA2 date- you only received one hard copy, correct?

Alright! That changes mine too! It takes very little to make me happy these days...

I was unsure about what was REQUIRED before the K-1 interview as well. Just to be clear, NO immunizations are required at the time of the interview, but all will need to be completed by the time of the AOS interview after we get married. Correct? So, what exactly are they looking for during the medical exam?

Good Luck everybody! May filers let's keep our fingers crossed- let's hope this is a busy week!

We'd probably be abroad at least 2 years which is why I figured the immigrant marriage visa would work well for us. I do have a concern about the affadavit of support. I have a good job here & the affadavit wouldn't worry me for the K1, but if we are abroad, he would have the primary income- I'm not sure what kind of money I will be making. Can he be his own sponsor for the affadavit of support if needed?

That's why I'm confused about whether I need to be in the US to file the immigrant marriage visa application...do I need to maintain a work history while the application is filed in order for us to be approved?

I should have clarified that we would like to settle permanently in the U.S. after a period spent abroad.

I am in a bit of a weird situation. My fiance & I (I am the US citizen) filed our K1 application in May & are waiting for our NOA2. This week, he was offered a great job which would require a lot of international travelling. I don't think it is possible for him to take that job & to come here on the K1 because of the travel restrictions imposed until you finish the AOS. I know there is the same AOS period with the K3, but I think the immigrant based marriage visa would allow him to travel from day one of entry.

My questions are: 1) Am I correct in my assumption about the K1/travel restriction? 2) Am I correct about the immigrant based marriage visa? 3) If we decided to apply for the immigrant based marriage visa, do I need to be living in the US? 4) Does anyone know if it would raise any red flags for me to cancel my K1 then marry abroad & apply for a marriage visa?

I know that's a lot & not really a K3 question, but I wasn't sure where else to post it. Thanks for any advice/info.

Good Luck to you all!

Chins up everybody!! - the good news is we've made it this far. I've been looking over the January & February filers' timelines, and it looks like once they received their NOA2s, most had their interviews/visas in 4-6 weeks. I was bracing myself for another 3-4 month wait according to the VJ timeline.

This is a REALLY frustrating/testing process, but we all know it's worth it!!!

Now if we only had a time warp...

My fiance applied for a B1 Visa and was denied last August. The consulate let him know several times that he was not being "refused", just not approved bc there wasn't enough evidence that he was planning to return to Ireland. When we receive our NOA2, and he fills out the D60, when asked if he was ever refused entry to the U.S., should he say yes or no? He was not allowed entry, but not technically "refused" according to immigration lingo.

I know the embassy will have all his info on the B1, and do not want to hide anything. I also do not want to raise any more red flags than necessary by answering "yes" if we don't need to. Are they looking for official refusals, or all denials? Does this question make sense? I appreciate any input...

Thanks & Good Luck!

When my fiance was working in the States, he was arrested for DUI. He pleaded guilty, & received deferred adjudication, which I understand is different than a conviction.

I was reading in a Fiance Visa book I bought that "if you've been convicted of a crime involving alcohol, even if the crime doesn't make you inadmissable, that USCIS can argue that it is a sign that you have a mental or physical disorder associated with harmful behavior and therefore inadmissable on health rather than criminal grounds".

Our application is filed, so I'm guessing only time will tell, but I am wondering if anyone out there has experience with a similar situation or any info that will hopefully ease my mind.

Thanks guys & Good Luck!

Back up a sec folks. To the OP, What was the outcome of the "deferred adjudication"? Expunged? Convicted?

For example, if expunged, it never happened. All other outcomes require disclosure.

More detail required from the Original Poster (OP). Please advise.

I guess I don't know that much about the law...he said he got the DWI in Texas 6 years ago & that the court gave him deferred adjudication- he took all the classes & did the community service in a prompt manner. I don't believe it has been expunged, but like I said, I don't know the law that well. He was originally here on an L1 Visa & had that renewed after his run-in with the law so I'm hoping it won't affect the outcome of the K1 decision.

I'm thinking it is best to disclose it to USCIS, it would be way worse if they found out we were lying about/hiding something. I was just wondering if anyone knew any details/had experience or advice.

Any thoughts?

You should consult with a qualified attorney BEFORE the interview to understand how this might impact you. When it happened is an important detail.

R 072132Z JUN 07

FM SECSTATE WASHDC

TO ALL DIPLOMATIC AND CONSULAR POSTS COLLECTIVE

RUEHTRO/AMEMBASSY TRIPOLI 3805

BT

UNCLAS STATE 079496

E.O. 12958: N/A

TAGS: CVIS, CMGT

SUBJECT: GUIDANCE ON PROCESSING VISA APPLICANTS WITH DRUNK DRIVING HITS

1. Summary: This cable clarifies how consular officers should handle cases where an applicants' criminal record shows an arrest or conviction for drunk driving or other alcohol related offence. End summary.

2. Posts generally become aware of drunk driving arrests and convictions after receiving the results of fingerprints taken when an applicant has a CLASS hit. While a drunk driving conviction is not a statutory visa ineligibility, a conviction may indicate that further investigation is needed to determine whether the applicant may in fact be ineligible under Section 212(a)(1)(A)(iii). This applies to applicants who have a physical or mental disorder and demonstrate behavior associated with the disorder that may pose, or has posed, a threat to the property, safety, or welfare of the alien or others.

3. In the case of IV applicants, consular officers must refer the applicant back to the panel physician for additional evaluation. Physicians are evaluating for the presence of a mental disorder previously unnoticed before the physician became aware of the alcohol-related arrest. NIV applicants that have hits with evidence of an alcohol-related arrest or conviction must be referred to panel physicians for evaluation. This must be done even if the panel physician is physically located in another city.

4. After consulting with the Center for Disease Control and Prevention, we have determined that consular officers must refer applicants to panel physicians in two circumstances: (1) an applicant has a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or (2) convictions in any time period. Consular officers must also refer applicants to panel physicians if there is any other evidence to suggest an alcohol problem. Consular officers must adhere strictly to these guidelines in determining when a panel physician referral is appropriate.

5. For a finding of eligibility under Section 212(a)(1)(A)(iii), there must be two criteria established by the panel physician: (1) diagnosis of mental disorder (alcohol abuse) and (2) current harmful behavior associated with the mental disorder or a history of harmful behavior associated with the mental disorder that is judged likely to recur in the future. Consular officers should be aware that neither alcohol abuse or (DWI) drunk driving are sufficient grounds for an ineligibility finding under Section 212(a)(1)(A)(iii), a panel physician evaluation is required.

6. Section 9 FAM 40.11 N8.3 will be updated as follows:

While alcoholism constitutes a medical condition, INA 212(a)(1)(A)(iii) does not refer explicitly to alcoholics or alcoholism. Evaluation for alcohol abuse or dependence is included in the evaluation for mental and physical disorders with associated harmful behavior. An alcoholic is not ineligible to receive a visa unless there is harmful behavior associated with the disorder that has posed, or is likely to pose, a threat to the property, safety, or welfare of the alien or others. To ensure proper evaluation, [you must refer applicants to panel physicians when they have a single drunk driving arrest or conviction within the last three calendar years or two or more drunk driving arrests or convictions in any time period. You also must refer cases to a panel physician if there is any other evidence to suggest an alcohol problem.

RICE

Thank you so much for this info...it's reassuring but I think you are right- we will still call an attorney.

THanks again & Good Luck!

I am in a similar situation- my fiance was denied for a B1 last August & the consulate said it was because he didn't have enough evidence that he was returning home to Ireland. From what I understand, as long as you have enough evidence that you have a real relationship you should be fine. I think the only concern it would raise is about the marriage being a fraud.

I hope I'm right...

Good Luck & let me know if you find out otherwise!

When my fiance was working in the States, he was arrested for DUI. He pleaded guilty, & received deferred adjudication, which I understand is different than a conviction.

I was reading in a Fiance Visa book I bought that "if you've been convicted of a crime involving alcohol, even if the crime doesn't make you inadmissable, that USCIS can argue that it is a sign that you have a mental or physical disorder associated with harmful behavior and therefore inadmissable on health rather than criminal grounds".

Our application is filed, so I'm guessing only time will tell, but I am wondering if anyone out there has experience with a similar situation or any info that will hopefully ease my mind.

Thanks guys & Good Luck!

Thanks guys - that's the answer I was looking for!

So....I might be jumping the gun, put am just trying to be prepared. My fiance & I sent in our I-129 packet in May and are still waiting for the NOA2. However, I was reading about the AOS and the VJ website says that for the biometrics appointment

" It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis "

I let my fiance know & he doesn't remember ever having a shot record in Ireland. Is this something that is absolutely necessary? Does anyone know where one could obtain an Irish shot record?

Thanks in advance & best of luck!

http://www.visajourney.com/forums/index.php?showtopic=307

Here is a link that will be useful to you.

Immunization records can be obtained from the local Health Center or other place in Ireland where your fiance had his immunizations done through childhood. I tried to get a record of mine however and was told after 25 years they no longer kept a copy at the Health Center where mine were done. If he contacts the place where his immunizations were done, they will either have them there, or refer him to where they have been forwarded on to. Hope this helps.

Thanks a million - this is great information!

My fiance has the following question...

last august 06 AMD pettioned me for a B1 visa. The visa was not issued as my company was a single member company. The US Embassy said I was not denied / refused the visa. Will this effect the K1. ?

Does anyone know anything about this?

So....I might be jumping the gun, put am just trying to be prepared. My fiance & I sent in our I-129 packet in May and are still waiting for the NOA2. However, I was reading about the AOS and the VJ website says that for the biometrics appointment

" It would be wise to collect their vaccination information before going to the appointment as the doctor will need to have record of them. At the appointment your spouse will be tested for TB, AIDS and Syphilis "

I let my fiance know & he doesn't remember ever having a shot record in Ireland. Is this something that is absolutely necessary? Does anyone know where one could obtain an Irish shot record?

Thanks in advance & best of luck!

My fiance & I filed the I-129F in May. We are hoping (knock on wood) with our fingers crossed that his visa will be approved and issued around the New Year. Once the K1 is issued, what are the restrictions on international travel? We have been invited to a wedding in Mexico in February & I'm not clear on whether he will be allowed to travel or not. Thanks in advance for any info you have to share!

Good Luck!!

We filed with the TSC 5/15 and never received an NOA1 in the mail though I did get the receipt number by calling USCIS. When I checked our case online, it had been sent to the CSC...does anyone know why? It's frustrating as it looks as though they have the highest volume of traffic & the longest processing times...arrgh!