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Don E

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Posts posted by Don E

  1. I sympathize with your plight, although I don't believe that I have any good advice. My girlfriend applied for a B2 in Kiev recently and had her interview on 4 September. She was denied. Her two sons and her parents are in Ukraine. She has a decent job, owns her flat and some other real estate, owns a car and has done some traveling. It's not clear to me exactly what the concern was, although I suspect that it may have been her somewhat limited travel resume. I also wonder if the fact that she wrote the purpose of her visit was to see me could have been viewed as a negative by the CO. While she didn't have any exact numbers, she also observed that very few approvals were given while she was there.

    I'm also interested in others' experiences and any advice in regard to applying for a B2 visa in Kiev.

  2. My wife's daughter recently (in December) got a visitor visa and came to spend the holidays with us. She is an attractive, 23 year old, unmarried woman, and they didn't even ask her one question at the "interview". She does have a good job and owns property. The only thing I provided was a letter of invitation (not required). Now, she does have a good track record, as she has been to the U.S. three times previously with no problems. I would guess her good record may have been a big factor in how easy it was to obtain this most recent visa, although her previous interview (a year earlier) experience was about the same. BTW, she asked for (and paid for) and received a two year visa.

  3. Hi Everyone,

    I have a couple questions for you great folks here.

    First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

    My questions are:

    First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

    Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

    Thank you all!!!

    K

    Looks like you've got some good advice already. I've read enough to understand that there is a lot of conflicting information and advice floating around about how long you've got to file for AOS after coming to the U.S. on a K-1 visa. I won't even pretend to have the final answer, if there really is only one answer, on that one. I can tell you that my wife filed for AOS just over 6 months after arriving in the U.S., and she didn't have any problems getting her green card. Also, I think you meant to say that your wife's daughter came to the U.S. on a K-2 visa? I'm guessing that the girl is under 18 years of age. No matter the age, she will have to file for AOS just like your wife. Unfortunately, that's $1010 X 2. The daughter also should apply for AP along with the AOS (just like her mom). Whether or not she also applies for the EAD will depend on her age and/or how soon she might want to work. Although, it doesn't cost anything to do that (if she's old enough to legally work).

    At least that's what I would suggest.

    FWIW, YMMV

    If you file them both at the same time your wife will be $1010 and her daughter will just be $600.

    Good catch. I believe that's correct only if the child is under 14 years of age, and it's not clear how old the OP's step-daughter is. If she's 14 or over, I believe the fee is the full $1010.

  4. Hi Everyone,

    I have a couple questions for you great folks here.

    First, I am submitting AOS for my wife and her daughter, both of whom entered on my wife's K-1 visa on March 10th, 2009. My wife and I got married the same day (March 10th, 2009), had a baby two weeks later and since have been living life and I let the AOS slip.

    My questions are:

    First - are we screwed for letting the AOS go so long. I've read that as long as it hasn't gone more than 180 days, than we're okay. I'm not sure if that's true and, if it is true, is that 180 after entry into the US (which has passes) or 180 days after the K-1 expires? In any case, assuming we submit all documents this week (or next) will we be okay?

    Second - we have the chance to take a family trip to Mexico for two weeks starting February 13th, 2010 (my wife is from Brazil, so it is just vacation, no special circumstances). Again, if I fill out the AOS this week or next, should we expect to get approval in time to travel or will we need to file for advanced parole? If we do file for advanced parole, can I submit that at the same time as submitting the AOS? Will we get approved for advanced parole in time to travel in February? Do I need to file for my wife and daughter (and thus pay two fees) if they are both traveling (and neither has AOS)? And lastly, is advanced parole granted for travel purposes or just for more serious need based situations?

    Thank you all!!!

    K

    Looks like you've got some good advice already. I've read enough to understand that there is a lot of conflicting information and advice floating around about how long you've got to file for AOS after coming to the U.S. on a K-1 visa. I won't even pretend to have the final answer, if there really is only one answer, on that one. I can tell you that my wife filed for AOS just over 6 months after arriving in the U.S., and she didn't have any problems getting her green card. Also, I think you meant to say that your wife's daughter came to the U.S. on a K-2 visa? I'm guessing that the girl is under 18 years of age. No matter the age, she will have to file for AOS just like your wife. Unfortunately, that's $1010 X 2. The daughter also should apply for AP along with the AOS (just like her mom). Whether or not she also applies for the EAD will depend on her age and/or how soon she might want to work. Although, it doesn't cost anything to do that (if she's old enough to legally work).

    At least that's what I would suggest.

    FWIW, YMMV

  5. That's your opinion, and that's all it is. This is just my opinion....do I really need to qualify it in this manner? I'll stand by my original answer. Unless specifically stated that copies are acceptable, original documents should be taken. This applies to any documents the visa applicant is required to take to the interview whether they pertain to the applicant or the petitioner. Where did you come up with the idea that the USC needs to provide a police certificate to anyone? BTW, the CO kept almost nothing that my fiancee took. How about that? Could that possibly mean that different individuals have different experiences?

    MHO, FWIW, YMMV

    NO! It is not my opinion, it is a fact: your suggestion was and still is misleading. Period!

    For example, a copy of the Birth Certificate or Passport of the applicant is required to process the application (I-129F) at USCIS. That does not mean that the beneficiary has to take the originals of any of those documents to the interview. If they were needed, an RFE would have been issued by USCIS. The consulate does not have to assess the proper citizenship of the petitioner. It only has to assess the proper ID of the beneficiary.

    My message was instead clear. It contains a list of the original documents required from every person at the consulate stage, without being vague, and possibly misleading.

    If you believe that being vague is better than being specific, then go ahead. I, on the other hand, prefer SPECIFIC information.

    Not worth the time......

  6. You should have originals of everything - both yours and your fiance's.

    This statement is misleading. Why would the consulate want to see the USC's original Birth Certificate or Police Report, for example?

    To the OP: Follow the list I gave you above. If I remembered correctly (consulate kept everything I gave my fiancee and I did not make copies) that list is complete and comprehensive.

    That's your opinion, and that's all it is. This is just my opinion....do I really need to qualify it in this manner? I'll stand by my original answer. Unless specifically stated that copies are acceptable, original documents should be taken. This applies to any documents the visa applicant is required to take to the interview whether they pertain to the applicant or the petitioner. Where did you come up with the idea that the USC needs to provide a police certificate to anyone? BTW, the CO kept almost nothing that my fiancee took. How about that? Could that possibly mean that different individuals have different experiences?

    MHO, FWIW, YMMV

  7. Please help me to understand one thing about the documents that I should have for the interview.

    The K1 visa tips (visa application process described on the VJ) say:

    "4.3.6)...What should I bring with me to the interview?

    A...You need everything from the checklist, of course, but you also need originals of everything that was originally submitted as a copy, even with the I-129F petition (except the US Citizens passport and the original I-797 approval notice). Original birth certificates, divorce or death decrees, and originals of any documents to support the I-134 fall into this category. The Consulate has the right to ask for the original of any document, so best be prepared. "

    Does it mean that I should have originals of Paul's Birth Certificate and Divorce decree?

    Or does it say only about originals of my documents?

    You should have originals of everything - both yours and your fiance's.

  8. Look forward to hearing how it plays out, Don.

    I got two certified copies of our marriage certificate (both with apostilles) and mailed one to her Tuesday morning. She was assured that the marriage certificate w/apostille , along with a notarized Russian translation, would be sufficient to get the new internal passport.

  9. First of all, if I'm reading your post correctly, you sent much more money than was required. When filing with an I-485, there is no fee for the I-130, and there is no filing fee for the I-864. One check for $1010 was all that was required for the whole package.

    I wouldn't get too concerned about not getting the NOA1 for the I-485 yet. Because you sent a money order (unfortunately IMO), you can't check with your bank to see if the check was cashed. If you had a canceled check, you would know and you would also have a case number (stamped on the back of the check). As it is, give it another week or two. If you still don't have anything, then you might call the USCIS "information" number. Usually, they will search by case number. If you don't have that, they should (one would think) be able to search by name. Good luck!

  10. My wife is currently in Russia. One of the things she wants to do while there is change her internal passport. She seemed confident that she had everything she would need and didn't ask me to even go over with her what she might need. Well, she has a certified copy of our marriage certificate. But, the passport office tells her that they must have a certified copy with an apostille. They also told her they would accept a green card in lieu of the marriage certificate with apostille. Unfortunately, she doesn't have her GC with her (arrived in the mail yesterday), and she just has the I-551 stamp in her passport. I can get another certified copy of the marriage certificate with an apostille on Tuesday morning and get it sent right out. But, unless I were to use a delivery service like UPS, DHL, or FedEx (damn expensive for a letter), I'm not sure that she'll get it with enough time to get the new passport. Has anyone else had any experience with this? I suggested that she keep trying to get them to accept the certified marriage certificate (without apostille). Can anyone see other possibilities that I'm not seeing? Thanks in advance.

  11. Well, I just got news on CRIS that my new permanent resident status has been registered, and that they had a "Notice mailed welcoming the new permanent resident".

    So... do you get this before the interview? Or is this the welcome letter you're supposed to get after? I didn't see anything in the thread in regards to that, and I don't want to be too excited yet.

    I can hardly breathe!

    That's the notice you should get after the I-485 has been approved (typically after the interview), and that should mean the GC is on the way. Have you had your interview? Was your case transferred to the CSC? If the latter is true, there won't be any interview.....just the GC. Your timeline doesn't seem to be up to date.

  12. Tania's interview was this morning, and it went fine. Aside from asking the checklist questions, the IO asked about how we met, how our relationship developed, and asked us each some questions about the other's family. The only thing she asked to look at were the documents proving our residence together and that we have a "bonafide" relationship. The whole thing took about 10 minutes. The IO checked the interview form as "pending further review" or something like that. Turns out that because the IO was a trainee, that was all she could do. The supervising IO, who oversaw the interview, said that she will approve the case later today without question. We asked for and received the I-551 stamp in Tania's passport. They didn't keep any of the documents or copies that we took, not even her EAD or AP documents. The supervising IO said that we should expect the GC in a couple of weeks.

    BTW, the case finally showed up online about a week ago.....status was "case received and pending". :)

    Congratulations! Let us know when Tania receives the Green Card.

    You were the last couple of the active March filers members to go through the interview, so I guess that means this forum topic will see very few postings from now on. But I will keep checking :)

    Thanks Paul. BTW, I checked the case status online this morning. It was updated to show "card production ordered" on Aug. 26. I'll update when the card arrives in the mail.

  13. Tania's interview was this morning, and it went fine. Aside from asking the checklist questions, the IO asked about how we met, how our relationship developed, and asked us each some questions about the other's family. The only things she asked to look at were the documents proving our residence together and that we have a "bonafide" relationship. The whole thing took about 10 minutes. The IO checked the interview form as "pending further review" or something like that. When I asked about that, it turns out that because the IO was a trainee, that was all she could do. The supervising IO, who oversaw the interview, said that she will approve the case later today without question. We asked for and received the I-551 stamp in Tania's passport. They didn't keep any of the documents or copies that we took, not even her EAD or AP documents. The supervising IO said that we should expect the GC in a couple of weeks.

    BTW, the case finally showed up online about a week ago.....status was "case received and pending". :)

  14. Tania's interview was this morning, and it went fine. Aside from asking the checklist questions, the IO asked about how we met, how our relationship developed, and asked us each some questions about the other's family. The only thing she asked to look at were the documents proving our residence together and that we have a "bonafide" relationship. The whole thing took about 10 minutes. The IO checked the interview form as "pending further review" or something like that. Turns out that because the IO was a trainee, that was all she could do. The supervising IO, who oversaw the interview, said that she will approve the case later today without question. We asked for and received the I-551 stamp in Tania's passport. They didn't keep any of the documents or copies that we took, not even her EAD or AP documents. The supervising IO said that we should expect the GC in a couple of weeks.

    BTW, the case finally showed up online about a week ago.....status was "case received and pending". :)

  15. I'll offer my $0.02 worth. As others have advised, it's always smart to wait until the visa is in hand, but if you're willing to gamble.....Like Slim said, you can make arrangements with DHL and most likely she could have the visa three days later. Like John and others have said, nothing is guaranteed, and there's always a chance that a wrench could get thrown into the works. But, if you're willing to take a chance, a calculated risk as you put it, I would say that ten days is generally a pretty safe bet. Gather as much intel as you can, and the decision is yours!

    Just my opinion, I could be wrong. Best of luck to you!

  16. We received the "welcome letter" in the mail and it says "2-year green card". We'll take it!

    It also says we should receive it within 3 weeks, when the email from USCIS says 4 weeks. We'll see who's right!

    And then, once received, it will be "Party Time", I hope you guys can make it :)

    Good luck to you all, and thanks for your support, it really helped.

    Paul & Angela

    Congratulations!!! :dance:

  17. Some cases never appear online, or if they do, they are never updated. Our I485 never even showed up online until a week after we were approved, and our I130 still says pending, and at this point I assume it always will. ;) Don't worry about it too much, I know it's a pain to not be able to find your status, but as long as you are getting mailings when you should be, you're ok.

    You are exactly right. As another recent example, Tania's I-485 still doesn't show up online, and her interview is scheduled for later this month. And that's just the most recent example I could cite with our VJ. There doesn't seem to be any real consistency nor rhyme or reason.....so don't exert yourself looking for any! :)

  18. Ok - I see we are to bring all the documents and stuff listed on the letter. One of those being the medical. We didn't get a RFE, nor did we send in the form for the medical (just a copy of the paper he was given when he had the medical for his K1 in October)... Do we need to complete it? (our current doctor is a civil surgeon per USCIS - actually I picked him because of that and really good reviews! ;) )

    If he's already had a medical exam prior to the interview at the Consulate, and if he has all required vaccinations (and documentation to prove that has been submitted), then I don't believe he'll need anything else in regard to the I-693. My wife already had the med exam just prior to the interview, and she just submitted the I-693 supplement (vaccinations) with her I-485. She also didn't get an RFE, and the interview has been scheduled. We're operating under the assumption that all necessary medical exam/vaccination record documentation has been completed and submitted. Just my opinion......good luck!

  19. In addition to being together earlier (a great consequence), what are the benefits and/or pitfalls of accepting an offer by the consulate to have the interview earlier.

    Should we jump on the opportunity if it is available?

    She already has all documents she needs, except for the medical exam and the invitation to the interview (packet 3 has not arrived yet).

    Is she allowed to go to the interview without invitation?

    Thanks for the advice! Even if we say yes, we were told that it may not happen ... but we must respond soon.

    If the Consulate is truly offering an earlier interview date and if it works for you guys, then jump all over it! You most certainly do not need to wait on the packet 3, nor do you need to have an invitation letter. I'm speaking from experience. When my ex and her son got their interview date moved up, they had no invitation letter, and they had no problems whatsoever. If the only thing lacking is the medical exam and she can get that done prior to the interview date, I can't see any reason to not accept the offer. While I don't believe it's necessary, it would be a good idea to have some written documentation of the newly agreed upon interview date. This could be in the form of an email from a Consular Officer.

  20. Case was transfered to CSC today. I'm still not exatly sure if that is good news or not or what it means in regards to time frame but regardless, I am happy things are moving along now. :thumbs:

    I would think that's good news and that you won't have an interview. How did you find out? Was it a hard copy notice in the mail? Did you get an email? Have you been able to view your case status online?

    I am guessing it's good news too! let's hope... we have been watching our status online from the beginning so that's how we know, it was posted there yesterday. No hard copy yet. No email

    Heidi

    That's great! I'm a little frustrated, because we still can't see our case online, and we've seen nothing since the NOA1.

  21. Case was transfered to CSC today. I'm still not exatly sure if that is good news or not or what it means in regards to time frame but regardless, I am happy things are moving along now. :thumbs:

    I would think that's good news and that you won't have an interview. How did you find out? Was it a hard copy notice in the mail? Did you get an email? Have you been able to view your case status online?

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