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Becker

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Posts posted by Becker

  1. On 1/3/2021 at 6:18 PM, Chancy said:

     

    Include boarding pass.

     

     

    For the passport photo, upload only 1 photo.

     

     

    Include deed poll.  It is required with the I-130 if the name change is not due to marriage.

     

    Thank you, it is being included.

    On 1/3/2021 at 6:26 PM, Lucky Cat said:

    "Unknown" is acceptable for information you don't know...or can't find.

     

    On 1/3/2021 at 10:36 PM, pushbrk said:

    Correct, but Unknown cannot be entered into the online I-130.  Another in a string of reasons I still recommend filing on paper, by mail.  You can hand write in spaces where it is needed.

    I only needed it for the i130a which allowed me to enter when editing on word. 

    19 hours ago, Babu Frik said:

    You're converting that powerpoint before uploading right?

    Yes i am converting it!

     

    We decided to wait another night to file as we wanted a clearer passport photo for the USC.

     

    I also just checked the guide on here too and it says a copy of ALL PAGES of the US Passport for proof of citizenship. Is this still required for online forms? 

     

    We have 11 photos, 3 pages of stamps, 1 boarding pass and 1 hotel receipt. Do you think anything more is needed? I really appreciate the help! 

     

    I really don't think we are forgetting anything but just wanted to be sure for the 700th time. 

  2. Hi all. We are filing our 130/i130a tonight and we just wanted to double check everything is correct. Just looking for personalised answers for my case. I am from the UK and my partner is a USC and we married under 1 month ago.

     

    I130 is complete. Filled in ourselves online, don't think there are any issues here.

     

    I130a, all looks good, only one possible hiccup is i personally do not know my dad's DOB, i know his name, where he was born and I know he still lives in the same area as me but that's all. 

    Evidence - Made a powerpoint with 8 photos, little explanations where they were taken and backgrounds are involved, Mexico, London, New York, Greece etc. Two pages of passport stamps also included and one boarding pass (only one i could find, happy to leave this out if needed) We don't have joint accounts, kids etc. 

     

    Passport photos, my wife (the petitioner) has her photos scanned kind of like a document so they aren't great quality, would this be okay? 

    Mine I took a little while ago (not too long, still look the exact same) but the quality is much better and its a pack of four photos. Do i need to crop this down to 1 or 2 photos or can i just upload the bulk so it's there? 

     

    Finally, I changed my name through deed poll as I never knew my dad and didn't want his name so i changed my name and the spelling of my first name. I have all official documents with my new name on my passport, licence etc but do i need to upload a copy of my deed poll or is it not required if I have my passport showing my new name? Nothing we are attaching has my old name but i have included it in the i130a where it says something like "have you had any previous names". I don't want to disclose full information but it would be similar to changing your name from Rhys Smith to Reece Jones. So the pronunciation of the first name is the same but the entire name is spelled different. So idk if this may cause an issue or not but I thought i'd ask if it needs to be included as its pretty much the final hurdle for sending the application off. 

     

    Thank you!

  3. On 12/27/2020 at 2:50 AM, Chancy said:

     

    Many here (including my spouse and I) filed online.  I highly recommend it for the convenience and the immediate receipt by USCIS.  Just be sure to review the case snapshot carefully and make any necessary corrections before you hit submit.  Check the thread below to read about others' experiences with online filing --

     

     

     

    No requirement for a big wedding.  No need to worry about this.

     

     

    Not true.  It's more common for couples going through the spouse visa process to be living apart.  What matters is how much time you spent together in person throughout your relationship, including time together before you got married.  Submit relationship evidence from all of those in-person meetings, not just the time after the wedding.

     

     

    On 12/28/2020 at 1:54 PM, VJmember2020 said:

    No I didn’t. It’s all luck I guess. Also, making the petition with supporting documents as easy as possible got the workers help. 

     

    On 12/27/2020 at 2:25 AM, HRQX said:

    Online filing is recommended. Eventually it's going to ask her: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When she selects "Spouse" it says the following:

    You selected you are petitioning for a spouse
    You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.
     
     

    Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by your wife. Later in the Evidence upload section:

    Supplemental Information for Spouse Beneficiary (I-130A)

    If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

     
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    It says: "United States law limits the number of immigrant visa numbers available each year in certain visa categories." Spouse of US citizen isn't one of those limited categories. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

     

    Not a red flag. There are many approved spouse visas based on very recent marriage. You can also include a few things from your dating time.

     

    Also, that is why conditional 2-year Green Card exists. About 2 years after US entry you'll do Removal of Conditions and present commingling, etc. documents.

    Sorry for quoting you guys again but we are on the final part of compiling evidence. We have never been able to live together due to never being legal residents of each other country and this is what we have for evidence. I have searched the forum and it sounds like enough but I just wanted to be sure.

     

    Photos of us together over the years at various places, New York, Greece, Dublin. With and without each others family members. A couple of them are from my mum's wedding a few years ago with both of us in the pictures with 5-6 family members.

     

    Various boarding passes to and from each other's country and trips we have taken together

     

    Scan of passport stamps to USA (just mine as she has never stamped into the UK, always used the E-Gates)

     

     

     

    I think that is all we have at this stage. We don't have joint accounts (never knew we could get them without being legal residents in other countries) and we do not have a tax return with us both yet as this is the first year we are eligible for it. I could fish out more minor things such as hotel receipts etc.

     

     

    And finally (i hope) do we need to include any text evidence such as describing where we met, how long ago we met etc. Or will the pictures paint that for me over a 2-3 year span? Also with the pictures, is it best to put it into a presentation powerpoint form, word doc or are there any other suggestions. This is for the online filing of our I-130.

     

    I cannot stress how much i appreciate the responses! I think we are ready to submit tomorrow!!! 

  4. 3 minutes ago, Becker said:

     

    Hi guys. I have a couple more questions i am struggling to find the answers for.

     

    I am currently filling out the I-130a form. My Mother does not have the same last name as me, is that a problem?

     

    2nd question, i do not know the full details for my father as he left when i was a kid. My mom also doesn't have any details other than name and place of birth for my father.

     

    Also, as i am not currently with my partner in the US, do i need to sign 6a and 6b? I can happily do it but i read about not having to sign it unless i am currently in the US.

     

    Thank you!

    Also, in regards to 9a and 9b, is this in regards to the last physical address outside the US (8a - 8f)?

    Screenshot 2020-12-29 at 13.35.54.png

  5. On 12/27/2020 at 2:25 AM, HRQX said:

    Online filing is recommended. Eventually it's going to ask her: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When she selects "Spouse" it says the following:

    You selected you are petitioning for a spouse
    You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.
     
     

    Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by your wife. Later in the Evidence upload section:

    Supplemental Information for Spouse Beneficiary (I-130A)

    If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

     
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    It says: "United States law limits the number of immigrant visa numbers available each year in certain visa categories." Spouse of US citizen isn't one of those limited categories. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

     

    Not a red flag. There are many approved spouse visas based on very recent marriage. You can also include a few things from your dating time.

     

    Also, that is why conditional 2-year Green Card exists. About 2 years after US entry you'll do Removal of Conditions and present commingling, etc. documents.

     

    On 12/27/2020 at 2:50 AM, Chancy said:

     

    Many here (including my spouse and I) filed online.  I highly recommend it for the convenience and the immediate receipt by USCIS.  Just be sure to review the case snapshot carefully and make any necessary corrections before you hit submit.  Check the thread below to read about others' experiences with online filing --

     

     

     

    No requirement for a big wedding.  No need to worry about this.

     

     

    Not true.  It's more common for couples going through the spouse visa process to be living apart.  What matters is how much time you spent together in person throughout your relationship, including time together before you got married.  Submit relationship evidence from all of those in-person meetings, not just the time after the wedding.

     

    Hi guys. I have a couple more questions i am struggling to find the answers for.

     

    I am currently filling out the I-130a form. My Mother does not have the same last name as me, is that a problem?

     

    2nd question, i do not know the full details for my father as he left when i was a kid. My mom also doesn't have any details other than name and place of birth for my father.

     

    Also, as i am not currently with my partner in the US, do i need to sign 6a and 6b? I can happily do it but i read about not having to sign it unless i am currently in the US.

     

    Thank you!

  6. On 12/27/2020 at 2:25 AM, HRQX said:

    Online filing is recommended. Eventually it's going to ask her: "For whom are you filing this petition? Select the relationship the beneficiary has to you (e.g., if the beneficiary is your parent, select "Parent")." When she selects "Spouse" it says the following:

    You selected you are petitioning for a spouse
    You will need to upload the Supplemental Information for Spouse Beneficiary (I-130A) as a part of the evidence for this application.
     
     

    Since you are currently outside of the US you don't have to sign I-130A supplement, but it still needs to be uploaded by your wife. Later in the Evidence upload section:

    Supplemental Information for Spouse Beneficiary (I-130A)

    If you are filing for your spouse, he or she must complete and sign Supplemental Information for Spouse Beneficiary (I-130A). If your spouse is overseas, the I-130A must still be completed, but your spouse does not have to sign the I-130A.

     
    File upload icon
    Drag files here or choose a file
    Maximum size: 6MB per file
    Accepted formats: JPG, JPEG, PDF, TIF, or TIFF
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    Attaching your files
    Use a scanner or take pictures of each document. Make sure each image you attach is clear and that all text is readable.
     
    Translations
    If your documents are in a foreign language, upload an English translation along with the original.
     

    It says: "United States law limits the number of immigrant visa numbers available each year in certain visa categories." Spouse of US citizen isn't one of those limited categories. https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration.html

     

    Not a red flag. There are many approved spouse visas based on very recent marriage. You can also include a few things from your dating time.

     

    Also, that is why conditional 2-year Green Card exists. About 2 years after US entry you'll do Removal of Conditions and present commingling, etc. documents.

    Thank you for the answers! When filing online, do we need to download the forms and fill them out and then attach them, or is there sections online to fill them out? Sorry we are yet to create an account as we have been busy. I flew back from the US just last week!

  7. 16 hours ago, VJmember2020 said:

    I wanted to do the online filing.. my wife wanted to do the mail in... so obviously she always wins..

    but I guess it worked out pretty well for us as we received NOA2 in less than 3 months of filing... so Idk which one is "faster" but make sure you go thru visa journey and watch some youtube videos on how others compiled their "packet".. put the effort in and you will be fine. VJ has helped me so much, and saved me from getting a lawyer. 

    Your timeline looks like it is going along pretty fast. Did you have it expediated at all? 

  8. I was recently on here about to bite the bullet for a K1 visa but during our last visit we married and are now looking to file for the CR-1. 

     

    I have been reading a lot of things about the CR1 and only just found out that you can apply online instead of mailing everything in. Has anyone got any experience with this and is it any easier this way? 

     

    I also found myself on this website https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/step-2-begin-nvc-processing.html and was reading about how there are a number of visas limited in each case. How does this affect the application if we were to apply in the near future? 

     

    Another question is, if we married in December, is it a red flag to apply for a visa so quickly? Also, we only had a small courthouse style wedding with no family or friends present, we are just desperately trying to be together and didn't want this tiny wedding to be what we visioned as the best day of our lives, if that makes sense? 

  9. 56 minutes ago, payxibka said:

    You are fixated on the act of marriage.   The marriage is not the problem, it is using a nonimmigrant entry to remain and attempt  to gain an immigration benefit .  Important difference. 

    I still don’t think this answers my question. I have full intentions to leave and apply the correct way. But how will it be proved with minimal evidence of ownership of things at home. 

     

    Surely there is a way and surely more people have been in this situation.  I have zero intentions of adjusting status or lying to anyone who asks me the questions. 

    1 hour ago, Wuozopo said:


    I’m with you on this one. It’s not like you are going with a tuxedo in your luggage and big wedding venue with specific wedding plans.  I don’t think anybody interviewing you in London for a spouse visa on is going to backtrack and request information from CBP what you said at each entry, if they bothered to type it in the computer. They aren’t even in the same division of the government.  Heck every time I visited, I said “I’m on holiday” because I thought girlfriend sounded silly being a 50 yr old English gentleman.  Of course if you marry, each subsequent visit will be to visit your “wife”, but you will have documentation that you are applying for a spouse visa and are immigrating the proper way.
     

    Obviously not all agree, so you will have to decide for yourself after weighing all the opinions and your previous experience with entries.  Also wanted to say like JFH said before, a London interview is a doddle. They want you to succeed and are not trying to find ways to trip you up.  

    Thank you for this. 

  10. 5 minutes ago, Jorgedig said:

    I'm sure you can see that all of those factors, when taken together, could lead CBP to see you as high risk for overstay.

    Which is why I’m here asking questions on how to approach my situation. I have a few things in my favour such as visits to the same location in USA for 4-5 years straight. But other evidence is not as strong in my favour. I genuinely don’t know how to approach the next time I am in front of a CBP officer. 

  11. 5 minutes ago, Jorgedig said:

    Working is also not permitted whilst visiting the US on an ESTA.

    I did not say i was going to work. It was merely to be shown as proof of my job that requires me to be in the UK while working.

     

    Also for the previous comment, i do not intend to lie at all. I am not risking anything to jeopardise anything. I am just trying to find answers as to how to respond to the officer when entering. Like when he says "what is the purpose of your visit" do i say to be with my fiance or to get married. Then, if i say the get married route, i have mentioned i have minimal proof that would be substantial if they need it. As i said, a job that I work from home, no house owned in my name and no car in my name. Thanks

  12. 8 minutes ago, geowrian said:

    "They cannot prove" -> never take this approach with immigration. Answer honestly. Anything else can come back to hurt you.

    They don't need to prove anything...if you apply for an immigration benefit, the burden is on you not them. See https://www.uscis.gov/policy-manual/volume-8-part-j-chapter-3.

     

    I'm not saying "to visit my fiancee" - or anything along those lines - is incorrect. It seems that is what most people say and I have no reason to believe it is incorrect.

    I'm just pointing out that a response that omits relevant details can be held against you. Don't think they need to catch you in a lie or you need to explicitly lie for it to be an issue.

     

    Good luck.

    Okay well I can definitely tell the truth and have no problems doing so. What is the best way to prove intentions to return home. I don’t own/rent the place I live at and I’m currently employed for a job that requires me to work at home so I’m taking my laptop with me. I’ve read a lot of posts saying how difficult it is to convince the officers that you intend to return even with a return flight booked. What would be the best way to convince them in my situation? 

  13. 3 hours ago, jaysaldi said:

    I think that's a very bad idea. If you say "I'm visiting my girlfriend" and then they find out by asking more questions or searching your luggage or your phone or your social media or by calling your girlfriend that you are planning to get married, then they are REALLY going to suspect that you are planning to overstay.

     

    When you arrive in the USA to get married, the proper response to "purpose of your trip?" is "to get married."  Fraudsters don't say that. Fraudsters say they are just visiting friends or family and try to conceal their wedding plans. Don't do that. 

    Can someone clarify the best approach for answering questions when being admitted under the VWP. Obviously I won’t be travelling for a little while but do I say I’m visiting girlfriend, fiancé or getting married. I have read posts and got the impression not to say anything in regards to marriage unless specifically asked. Thanks in advance. 

  14. 2 hours ago, jaysaldi said:

    I think that's a very bad idea. If you say "I'm visiting my girlfriend" and then they find out by asking more questions or searching your luggage or your phone or your social media or by calling your girlfriend that you are planning to get married, then they are REALLY going to suspect that you are planning to overstay.

     

    When you arrive in the USA to get married, the proper response to "purpose of your trip?" is "to get married."  Fraudsters don't say that. Fraudsters say they are just visiting friends or family and try to conceal their wedding plans. Don't do that. 

    I think you’re missing the point. Plus, we have told them 2-3 times a year for the past 5 years that the purpose of visit is to see bf/gf both in the UK and USA and we have never had a problem. They cannot prove the sole purpose of my trip would be to get married because it is not. It is a thing we will do but unless they directly ask or directly tell us we cannot get married, it is not fraud or lying. Obviously if they said something to do with marriage (I don’t see why they would) we would then tell the truth. But after 5 years of travelling back and forth, the question or suspicion has never been put forward. 

  15. 5 hours ago, jaysaldi said:

    I agree with all the advice given on this thread.

     

    I just want to add this.

     

    Although it's perfectly legal for foreigners to get married in the USA and then return home, CBP officers are vigilant about sniffing out foreigners who intend to marry in the USA and then stay and adjust status. 

     

    So if your fiance arrives in the USA for a visit and tells the CBP officer "Im here to get married" the CBP officer's eyes may bug out of his head and he may refer your fiance to secondary inspection and demand "proof" that your fiance plans to return to the UK. Like proof of a job there, property, a rental lease, enrolled in school, stuff like that.  And of course a return ticket.

     

    CBP may be especially vigilant now because due to the virus and the USCIS backlog more and more couples might be trying to minimize travel and delays by marrying and adjusting status.

     

    So I would advise your fiance to carry more than the usual paperwork showing that he/she really plans to return to the UK after the wedding. And also carry that on future visits after the marriage.

     

    I have read on a lot of websites that you don’t tell them you’re there to get married unless directly asked. I will say I’m visiting my girlfriend/fiancé and that’s it. And of course I will carry whatever is necessary to prove I am going to be back in the UK after my stay. As others have said, nothing is fraud unless I marry and attempt to remain in the country, which I will 100% not be doing when it happens. Thanks for the reply! 

  16. 1 hour ago, AJ2019 said:

    I wanted to add that one of the main factors that leaned us towards K1 vs. spousal visa because my fiance's visitor's visa at the time was expiring soon. If we had gone forward with the spousal visa it was going probably going to take a couple years and figured it was highly unlikely that he would be approved for another visitor's visa while his spousal visa was pending because of the difficulty in proving the intent not to stay permanently. With my job, I wasn't able to travel and meet him as often as he could. Hence, we went forward with the K1 visa

    Why would it have taken a couple of years? The current wait time suggests 8-12 months. I hope that’s the wait time I get as it would work out pretty well and it will take the stress away that comes with a K1 visa 

  17. 1 minute ago, JFH said:

    I went through the London embassy so my experience will be very similar to that which you will encounter.

     

    I visited multiple times during the process. Zero issues. 
     

    We got married in a private residence with just us, the legally required 2 witnesses per the state law, and the officiant. Cost $40. Stainless steel rings from a booth at the state fair for $25 each. USCIS and the London embassy does not care if you get married on the beach in your old jeans and flip flops or if you book out the entire Bellagio Hotel in Las Vegas.  
     

    The London embassy will not ask you why you got married on a visit. They do not care. The marriage is legal, that’s all that matters. We had not spent more than 10 days together at any one time before I moved here. Many couples have even less time together. We had very little in the way of co-mingled finances. My husband was unemployed and sleeping on a friend’s couch trying to sell some of his artwork when I had my interview. He didn’t even have his own finances or property, let alone co-mingled with me. Not an issue. 
     

    Take a look on the UK forum here and read posts from people who have gone through the London embassy. You’ll be amazed how low-key the interview is. Five minutes is all it takes for most. We are very fortunate that we have such an easy-going embassy in London. They don’t even ask to see any evidence. The paperwork you submit is sufficient. 

    I cannot thank you enough for the replies! You have already taken away so much stress! 

  18. 47 minutes ago, Jens79 said:

     

    You can make visits to the US on ESTA during the process, regardless if you apply for the K1 or the CR1-visa. It makes no difference. All they want to know is that you (or your foreign partner) is intending to go home after the visit. That's why you should keep the visits short. Even if you are allowed to stay 90 days per visit when you travel on ESTA, it is not recommended to stay that long, especially not multiple times. That will raise concerns about how you will support yourself, if you plan to work illegally or if you intend to not go back. Also, ESTA is a program for visits, not for living in the US, so you have to spend more time outside of the US than inside. I would say AT LEAST double the amount of time outside the US as in the US, but I would recommend to keep the visits to 1-3 weeks per visit and then spend at least 2 months in the UK before visiting again. That demonstrates that you are only visiting and are not intending to live in the US on ESTA.

    Thank you so much!

  19. 12 minutes ago, Jens79 said:

    The advice you've got on getting married on ESTA and visit on ESTA during the process are all correct. Absolutely no problem to get married in the US when your partner / yourself is here on ESTA - it's perfectly legal and no need to hide it or worry about what anyone will say about it. It's a correct and legal way to immigrate based on family ties to a US citizen. The key is to go back to your home country and stay there during the visa process

     

    Enter the US on ESTA as a tourist, spend some time in the US, get married and go back: In line with the ESTA conditions and OK.

    Enter the US on ESTA as a tourist, get married and then file for adjustment of status (applying for green card) and stay: That's breaking the conditions of the ESTA and is considered fraud. (Unless you honestly had no idea that you would fall in love when you entered on ESTA and while in the US decided to get married. But that route is closed for you, since you're obviously planning on it.)

     

    Regardless if you choose to marry first (in the US, in the UK or anywhere in the world doesn't matter) and apply for the CR1 visa or if you decide to apply for the K1 visa and get married in the US later, you can still visit during the process. Just keep the visits relatively short and you shouldn't have any major issues. Try to avoid any three months stays, and spend A LOT more time in your home country than in the US. I used to visit for about 10 days four times per year from the time when I met my wife until I moved here (a period of two years), and I didn't have a single issue at the border.

     

    However, there is one, significant, advantage with the CR1 visa over the K1. You will be allowed to work and travel internationally from day one in the US, which is not the case with K1, where you have to do the adjustment of status-process after the wedding, which will take at least a few months. During that time you are allowed to be in the US, but you cannot work and you cannot travel internationally. That's why I chose to get married first and apply for the CR1 visa instead of the other way around with the K1.

     

    Best of luck!

    Thank you for the answer! If i take the spousal visa route is that the same as to where you shouldn't attempt to visit while the visa is pending? 

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