Scott-Ilyn

51 minutes ago, FONA said:

I do take it extremely seriously. But some people say it is completely over, if you read their responses 

If you do take it seriously, then please stop minimizing your actions by saying that the crimes were not a big deal and were not serious.   I think you have received excellent advice today and also a year ago.  Apply and if it gets approved, seek an immigration attorney who specializes in arrests.

Hi I'm sorry about your situation.

Here is what I would do.  Talk calmly to your family and see why they are against the relationship.  Consider their thoughts and feelings.  If they are being unrealistic and controlling, then I would make plans to move out.  You could would work multiple jobs.  This would allow you to be away from home more often and away from their controlling tendencies.  Save, Save, Save money until you can afford to find a place (room or apt) to live on your own.  Maybe you have to move away from your family to avoid the higher cost of living.  Once you have living arrangement, you will be totally free from your family's controlling ways.  Keep working hard until you have your basic necessities met.  Then, you can save for some form of transportation (car/motorcycle/bike).

I agree with @Daphne .comments.  I would think of this as adventure with a great reward at the end.  You get to be with your fiance/wife and you'll be so busy working, you won't notice the long wait. 

A lot of information is left out in your post.  How old are you? What country you're from? Do you have public transportation?  Feel free to share if you feel comfortable.

Hello,

My wife(fiance) emailed me her photo.  After that, I called her in Hong Kong over Zoom .  Then, I shared my screen with her and we filled out the form together online.  She clicked Submit when I gave her control of the mouse.

I hope that helps.

There is also a handy guide here on this site for the k1 procedure.  

You may get better, more specific advice if you have specific questions.

Hello everyone,

I never received a response from my earlier question.  Any one want to give it a shot?  I will be submitting my RFE response soon and I want to make sure I get it right.

Hello,

I am the sponsor for my K2 follow to join step children (ages 10 and 16).  We received the following RFE language (see below) for my AOS K2 follow to join packet(s):

Based on the language of the RFE, I think the problem is that I didn't list my wife as the principal immigrant because she is already here in the USA.  I listed my stepchildren as the principal immigrant because my wife is already here.  So, to correct this, my plan is to resubmit the latest version of the I-864 form and do the following:

1. List my wife (K-1 recipient) as the principal immigrant

2. Check No on Question 1 of Part 3 (I am sponsoring the principal immigrant named in Part 2)(No - Applicable only if you are sponsoring family members in Part 3 as the second joint sponsor or if you are sponsoring family members who are immigrating more than six months after the principal immigrant)

3. List her children (my stepchildren) as the two family members in Part 3 Family Member section

4. Check the box on Question 3 of Part 3 (I am sponsoring the following family members who are immigrating  more than six months after the principal immigrant)

5. Enter 2 in the box on Question 29 on Part 3 (Enter the total number of immigrants you are sponsoring on this affidavit which includes the principal immigrant listed in Part 2, any immigrants listed in Part 3, Item 1-28, and (if applicable), any immigrants listed for these questions in Part 11. Additional information.  Do not count the principal immigrant if you are only sponsoring family members entering more than 6 months after principal immigrant.)

6. I verified that household size is correct at 4.

a. Provide the number you entered in Part 3, Number 29 (2)

b. Yourself (1)

c. If you are currently married, enter "1" for your spouse (1)

d. The rest are 0

I can't think of any thing else.  I would love to get feedback from the forum on whether I interpreted the RFE correctly.

Thanks in advance

Hi,

DS-160 - This was the first thing that we did when doing the K2-Follow to Join process.  So, it would be okay to start this process now.

Visa Payment - Once you complete the DS-160, you can do the payment process.  There are several payment options to choose from.  Choose your most convenient option.  Keep your receipts

Interview Scheduling - Once you pay, you should start attempting to schedule the interview.  It's probably not a bad idea to start this process now since interview slots may be limited.  Check early (Philippines time) and often

Medical appointment - see details here (https://slec.ph/registration/us/visa-applicant.php).  You will need to time it correctly and your timing in your post is good.  You will need interview appointment printout,  your DS-160 confirmation page, Special Power of Attorney document allowing someone (guardian) to travel with the child and grant permission for the medical exam, the guardian's ID (passport), a copy of your passport, vaccination record, etc.  See the link above for more details because my document list is not complete.

Other info - A nice hotel is helpful because your appointments will probably be early.  The City Garden Suites Hotel was the one we chose.  It is very close to the medical and relatively close to the Embassy.

Interview - You will need similar documents for the interview plus a whole lot more.

I hope this is helpful.  If you need to reach out with more specific questions, feel free to respond to the post or contact me directly.

Scott

8 hours ago, Noktor said:

Also if I decide to file as 'Married filing Jointly' then should I claim her as a dependent?

Spouses are not dependents.  

Please see this link from the IRS

https://www.irs.gov/individuals/international-taxpayers/nonresident-spouse

If you have the tax transcripts, those should suffice instead the actual 1040 which would also require all w2's and 1099s.

But really the point is that you should aim higher than the minimum because interviewing officers look at the totality of circumstances in your case.  So, 125% of the HHS guidelines is a better target to aim for than hoping to squeeze by with the minimum.

On 9/14/2023 at 8:30 AM, CFS said:

We're going for a CR1 visa. Does this mean my spouse would only need to attend the CGP or have to attend both?

I went through the k1 visa in a different country (HK).  So, I'm not 100% sure but I think she will only need the GCP seminar.  You may be required to attend as well? Again not sure.  

On 9/14/2023 at 8:30 AM, CFS said:

Is it OK to go to the CGP without either a passport/visa (just to complete the session and the interview)? The passport is currently at the Embassy as we wait for a final decision on the visa

We had to have the visa before we were allowed to register for a seminar.

On 9/14/2023 at 8:30 AM, CFS said:

If you complete the session without the passport/visa, how do you come back to get the CFO stamp on your passport (once you do have the visa)?

I don't think they will allow you to complete the seminar without a visa.  However, once you have a visa and complete the seminar, they will send you a certificate via email that you can present to immigration at the airport

On 9/14/2023 at 8:30 AM, CFS said:

Our marriage is not recognized by the Philippines but is recognized abroad. We got married in Australia. Accordingly, what do we bring in lieu of the Registration of Marriage? I just called the US Embassy and they said that they cannot issue us a Registration of Marriage document

Good question.  I'm not sure how to handle your situation.  I'm sure others may have an opinion.

I would choose the online class if you have a good Internet connection and a decent laptop. Goto cfo.gov.ph and choose the correct seminar. The trick is to sign up immediately after they open. If they open at 8am, start trying at 759am. Click click click. Once you fill out their form and send copies of the documents via email, they will schedule a date / time for you. You will also get someone assigned to you.  There wasn't a huge wait time for us (scheduled the next week). Also, I don't think you can sign up without a visa. Once your wife attends, they will send her a certificate in her email. Good luck. 

3 hours ago, zebps3 said:

I am less confident about the CFO interview.  Firstly it seems somewhat difficult to schedule, the apply for OF-CORS interview for example does not appear to work properly at the moment (always seem to say maximum number of clients for this day).

We experienced this while in the Philippines in May of this year.  The trick to getting around the maximum clients per day error is to sign up immediately after time period opens for the day.  For example, if it opens at 8am, be ready at 7:59am and start clicking on the register link.  Repeat over and over.  You should get access to the registration form by doing those steps.

3 hours ago, zebps3 said:

I am moderately confident we would have the Visa within a week after the interview.

I think our kids' visas took about a little less than 2 weeks to receive but I think that varies with how far you are away from Manila.  Also, keep in mind you cannot schedule the CFO interviews until after you have the visa in hand.

4 hours ago, zebps3 said:

But when I went to request it from the FBI I noticed they require fingerprints which I am unsure how difficult it would be to obtain while I am still in Philippines. 

I don't know if you need a background check for the CFO interview (my wife didn't need the CFO interview because she received her visa from a different country).  However, my kids needed a different type of CFO seminar.

You can google the FBI background check process.  Most of the process is online but you will need to get a copy of the fingerprint form (FD-258) printed on card stock and then have a local PD fingerprint you.  Then, internationally ship the fingerprint card via Fedex or some other shipper.  Once they receive the fingerprints, the results will be online for you to print.  I would start this process immediately.

Good luck.  I hope you get to spend Thanksgiving in the US with your fiance and child.

I suggest you print out the relevant page which Mike E quoted and bring it to the interview.  My fiance (now wife) was asked about her police clearance that she could not obtain because she was not residing in country.  She presented the embassy official with those pages.  They were satisfied with the explanation those pages provided.

On 5/4/2023 at 4:33 PM, Glenda and Tony said:

Does anyone know the process once the parent has arrived and then sends for the children? The children were listed on the K1 application.

We emailed the Manila embassy that we would like to process the K2 children follow to join - In our case, the case needed to be transferred from HK to the Philippines.  Once transferred, we received an email back from the embassy about the process, 1) we filled out the DS160, 2) paid their visa fees, 3) scheduled their embassy interview, 4) schedule their medical exam, and 5) They attended their interview.  This took several flights and hotel stays back and forth between their home town and Manila.  Their ages were 10 and 15.  We had them memorize facts and details about me, my address, my work, etc for the interview.  There were a few questions that they asked the kids and they did very well.  My wife flew to the Philippines from the US for the embassy interview in March and I flew out to the Philippines in May.  We picked up their passports with the k2 visas in May after I arrived.  We all flew back together at the end of May.  No problems departing the Philippines or arriving in the US (Chicago POE).  We didn't have to deal with the father's allowing the children to leave because they were out of the picture and the Philippines law assumes the mother has full custody, I guess.  All I know is that it went as smoothly as it could given the level of complexity that the immigration process entails.  We were very blessed because I've read other horror stories on VJ.

See more details below

1)  DS160-We filled out 1 DS160 for each child and saved / printed the DS-160 confirmation page.

2) Paid visa fees - Paid the fees locally and obtained a receipt

3) Scheduled their interview - We used the receipt number to record the payment on the ustraveldocs website for the Philippines which allowed us to schedule our interview

4) Scheduled their medical exam - We needed to have the the interview letter to schedule their medical exam.  The medical exam required lots of paperwork (Interview letter, immunization records, passports, passport sized photos, DS-160 confirmation page)

5) Attended their interview - We took the (medical exam results, original petition, i-134, interview letter, ds-160, passports, passport sized photos, marriage certificate, petitioner divorce decree)

The kids are in the US now and are adjusting to the new culture, schools,etc.  They love their schools and are getting English language assistance now.

We are in one of the states that required my wife to wait for her green card before she could get a learner's permit. So, we got her learner's permit 6 months ago and she is almost ready to take the test for her driver's license.

I agree with everyone's sentiment.  There should be no problem.  However, to avoid any possible issue, my wife applied for and received a new passport in her married name through the Philippines embassy in Chicago.  Now her GC matches her PHP passport.  I imagine you could do the same through Brazilian embassy near you.

2 hours ago, MissLadyRea said:

I couldnt do I-130 because of covid

I was in the same boat, too.  My wife and I definitely wished that we could've done the spousal visa vs K1.  It was a loooooooong 1 year wait for her to get her green card.  She's working and happy now, about to take her driving test soon, too.  We're not looking forward to the long wait for the ROC.

4 hours ago, Silas Ibrahim said:

Thank you 

Thanks, I will check it out!

Yes.  Please do.  I'm sure he will tell you exactly what you should do. 

You could also print it with the apt added and then hand-write the block information where required neatly in black ink.

Please see this page for more information.  This details the vaccination requirements.

https://www.cdc.gov/immigrantrefugeehealth/civil-surgeons/vaccinations.html#anchor_1506449934815

I think you being there will definitely reinforce the validity of your relationship even if there are some language barriers.  Also, you can study in the mean time to reinforce your Spanish language skills.

If I remember correctly, I used the same case as their Mom when scheduling an interview for her children in the Philippines.  However, If that doesn't work, try adding a "-1" to the case number for your fiance's son.

I did something similar for my wife's children.  I used the contact us form of the Philippine embassy website and explained my request.  They communicated back to me via email.