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AMAXX

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  1. Thanks
    AMAXX reacted to vibrantone in How do I file a complaint about NVC   
    I think your thinking of another process.  This is the process that I read about, I didn't think about it..,  I read it.. like a contract. 
    Process for Bringing your Fiancé(e) to the United States The process for bringing your fiancé(e) to the United States involves USCIS, the U.S. Department of State (DOS), and U.S. Customs and Border Protection (CBP). At each stage in the process, background and security checks may be conducted on both you and your fiancé(e). This may include checks in various databases for national security, criminal history, and other information about you and your fiancé(e). These checks are conducted using fingerprints, names, or other biographic or biometric information.
    Step 1: Petition for Fiancé(e) – USCIS
    You file Form I-129F, Petition for Alien Fiancé(e) according to the form instructions. This form asks USCIS to recognize the relationship between you and your fiancé(e). We review your Form I-129F and the documents you submitted. We may mail you a request for evidence if we need additional documentation or information. If you establish your eligibility, we approve your Form I-129F and recognize the claimed fiancé(e) relationship. Otherwise, we deny your Form I-129F and notify you of the reasons for denial. We send the approved Form I-129F to the DOS National Visa Center (NVC). For additional information about filing the petition, see the Form I-129F and form instructions.
    Step 2:  Visa Application – DOS
    The NVC forwards the approved Form I-129F to the U.S. Embassy or consulate where your fiancé(e) will apply for a K-1 nonimmigrant visa. This is generally the U.S. Embassy or consulate where your fiancé(e) lives. The U.S. Embassy or consulate notifies you when the visa interview for your fiancé(e) is scheduled. Your fiancé(e) applies for the K-1 nonimmigrant visa and brings the required forms and documents to the visa interview. The DOS consular officer determines whether your fiancé(e) qualifies for the K-1 nonimmigrant visa.    If the consular officer grants the K-1 nonimmigrant visa, it is valid for up to 6 months for a single entry. If the consular officer does not find the relationship to be bona fide, DOS will not issue a K-1 nonimmigrant visa and instead will return the Form I-129F to USCIS. Generally, if DOS returns a Form I-129F to us after it has expired, we will allow it to remain expired. However, you may choose to file a new Form I‑129F. For additional information about applying for a visa, see the DOS Nonimmigrant Visa for a Fiancé(e) page.
    Step 3:  Inspection at a Port of Entry – CBP
    If DOS issues a K-1 nonimmigrant visa, your fiancé(e) travels to the United States and seeks admission at a port of entry while the K-1 nonimmigrant visa is valid. As with any visa, a K-1 nonimmigrant visa does not guarantee admission to the United States. A CBP officer at the port of entry will make the ultimate decision about whether to admit your fiancé(e).
    Step 4: Marriage
    If your fiancé(e) is admitted as a K-1 nonimmigrant, you and your fiancé(e) have 90 days to marry each other.
    Step 5:  Adjustment of Status – USCIS
    If you marry within 90 days, your fiancé(e)—now your spouse—may apply for a Green Card by filing Form I-485, Application to Register Permanent Residence or Adjust Status. We review Form I-485 and the documents your spouse submitted. We may mail a request for evidence to your spouse if we need additional documentation or information. You and your spouse will usually be required to appear for an interview. If you were married for less than two years at the time the Form I-485 is approved, USCIS will grant your spouse conditional permanent resident status and issue a Green Card valid for 2 years. Your spouse will need to remove the conditions on his or her residence by filing Form I-751, Petition to Remove Conditions on Residence in the 90 days before his or her Green Card expires.  For additional information about applying for a Green Card, see the Form I-485 and instructions and the Green Card for Fiancé(e) of U.S. Citizen page.
    For additional information about removing the conditions on your spouse’s conditional permanent residence, see the Form I-751 page and the Remove Conditions on Permanent Residence Based on Marriage page.
    Each case is different and the length of the process varies. USCIS processes fiancé(e) petitions in the order we receive them. For more information about current processing times for the Form I-129F, see the Check Processing Times page.
  2. Like
    AMAXX got a reaction from Shane-Debby in Feeling depressed K-1 visa process   
    We were 13 December 2019 CR1 and my wife just got her visa on Saturday the 16th July 2022.
     
    Depression was hard on me, and she cried a lot. We had Covid-19 interruption for almost 2 years, so have faith. USCIS is on it. Getting to NVC is such a rejoicing time, so keep up the faith! 
  3. Like
    AMAXX got a reaction from Y&A1221 in Feeling depressed K-1 visa process   
    We were 13 December 2019 CR1 and my wife just got her visa on Saturday the 16th July 2022.
     
    Depression was hard on me, and she cried a lot. We had Covid-19 interruption for almost 2 years, so have faith. USCIS is on it. Getting to NVC is such a rejoicing time, so keep up the faith! 
  4. Thanks
    AMAXX reacted to LemonLemonade in Feeling depressed K-1 visa process   
    Totally feel you. It was hard seeing other people getting approved (even I was happy for them and seeing things moving), and kicking ourselves that we should have done the CR1 or applied earlier. 
     
    During the wait time, we were really focusing in our career and working as much as I can to save up since I can't work until I get my AOS. Keep finding shows to watch, games to play, trying to find things to look forward to and future plans, etc. As Canadians, we can travel easier to the US to visit. None less,  the wait is hard for sure.
  5. Like
    AMAXX reacted to JeanneAdil in Feeling depressed K-1 visa process   
    https://egov.uscis.gov/processing-times/
     
    current USCIS processing times for a K1 is 13 months 
    and that is just the beginning
     
  6. Like
    AMAXX reacted to explosive0 in Feeling depressed K-1 visa process   
    Hang in there. Our NOA1 is dated June 11, 2021 and we still haven't received our NOA2. It's mentally draining, but all you can do is wait and hope! Best of luck to all on this journey. 
  7. Thanks
    AMAXX reacted to EatBulaga in Feeling depressed K-1 visa process   
    One thing to keep you pre-occupied while waiting for approval is to learn the details of each other.
    And keep re-iterating the details to each other so that the information is second nature to each of you.
    This will come in handy at the K1 and the AOS interviews.
     
    For example before the consulate interview, I didn't even know how many siblings my K1 beneficiary had or their names, and vice versa. And we were together over 5 years before even filing the I-129F!
    It took a few months for us to not having to repeatedly ask each other and not consciously recall the siblings names and be able to subconsciously verbalize the names like reflex--same for her parents names, or close friends, or aunties/uncles, etc.
     
    It also came to my attention from these detailed exercises that I realized she had an aunt living in the US that was denied K1 and they had to actually go the spouse visa route. So in case the interviewer asks if she had any relatives in the US, she could answer not immediate relatives but an aunt, etc.
    Other things to know about each other are like where your partner has lived before, where your partner went to school, what were their past jobs, what are the common interests/hobbies, etc. Knowing all these doesn't mean they will be asked at the interview, it just means that you have built a bona fide relationship by putting in the time to know each other.
     
    Remember by the interview time, both of you would have waited over a year, and the stress could block any conscious communication to the point of having to rely on subconscious responses. This is similar to when I was cramming for exams in college and during the test time, I had mental blocks from the stress or the lack of sleep trying to consciously recall the knowledge or apply what I should have known earlier. Part of the interviewers job is to identify genuine relationships, and the more comfortable you are answering questions about each other then the more convincing you are to the interviewer. So if there are anything you don't know about each other, this is the time to learn and communicate so that you know each other subconsciously. Good luck!
  8. Like
    AMAXX reacted to Cathi in Feeling depressed K-1 visa process   
    They are not 18 months in, they are only 6 months in. NOA1 was December 2021, 6 months ago.
  9. Like
    AMAXX reacted to Chancy in Feeling depressed K-1 visa process   
    *** Moved from K1 Process & Procedures to K1 Progress Reports ***
     
     
    Hang in there.  I can relate to feeling depressed with the long wait.  During my visa process, there were days or even weeks when I just stayed in my room, wallowing in self-pity.  The daily chats and video calls with my beloved kept my spirits up.
     
  10. Like
    AMAXX reacted to inbriars in K1 vs CR1 Visa   
    Our single goal would be to be together the quickest way. Based on your statement, it sounds like we cannot have all three goals. I am starting to see that people recommend the CR1 vs K1 due to the fact that they can work when they arrive, vs. K1 has a 6-9 month wait time while adjustment of status processes?
    From what I read, we wouldn't be eligible for the IR until after we have been married for 2 years.
  11. Like
    AMAXX reacted to Rocio0010 in N400 denied accused of fraud   
    This is general advice that applies to you and to everyone dealing with USCIS, either by yourself or by an attorney: always, always keep a copy of everything you submit to them, and the notices they sent you. 
    I still think that the denial did not come because of a mix up of addresses. There has to be something else. Maybe your ex sent them a letter stating you married to get an immigration benefit. 
    If I were you, I would retain a top notch attorney and ask them to file a FOIA  (Freedom Of Information Act) for you. That way, you can see what is on your file and see if it is something you can overcome. It's certainly not a DIY anymore.
  12. Like
    AMAXX reacted to Vaqar Malik in Age gap... Will there be an issue at the interview for our Spouse Visa?   
    I make a mistake to post my status i didn't get any advice i didn't get any positivity from any single member. I will remind you everyone this is my right to marry anyone no can blame me . And i will delete my post because not any other member will disappointed because of you guyz comments.thank you
  13. Like
    AMAXX reacted to Lil bear in I-130 issues for spouse & child immigrating   
    The I 130 is used to petition for many categories if immigrants .. some categories allow derivatives and some do not. It’s all in the fine print of the instruction pdf on the form website. Unfortunately the onus is in the petitioner /applicant to work through this. I hope you are able to get the child’s process in a timely manner 
  14. Thanks
    AMAXX reacted to Hank_ in I-130 issues for spouse & child immigrating   
    You are a USC then you need a separate I-130 for each person petitioned.    Only exception is -  if an LPR (Green card holder) files an I-130 can a child be added as a derivative.
     
    You can slow down the processing of your wife's petition at NVC  so that the child's I-130 can catch up.
     
     
  15. Confused
    AMAXX got a reaction from Boiler in I-130 issues for spouse & child immigrating   
    What Is the Purpose of Form I-130?
    A citizen or lawful permanent resident of the United States may file Form I-130, Petition for Alien Relative, with U.S. 
    Citizenship and Immigration Services (USCIS) to establish the existence of a relationship to certain alien relatives who 
    wish to immigrate to the United States.
     Who May File Form I-130?
    1. If you are a U.S. citizen, you must file a separate Form I-130 for each eligible relative. You may file Form I-130 for:
    A. Your spouse;
    B. Your unmarried children under 21 years of age;
    C. Your unmarried sons or daughters 21 years of age or older;
    D. Your married sons or daughters of any age;
    E. Your brothers or sisters (you must be 21 years of age or older); and
    F. Your mother or father (you must be 21 years of age or older).
    2. If you are a lawful permanent resident of the United States, you must file a separate Form I-130 for each eligible 
    relative. You may file Form I-130 for:
    A. Your spouse;
    B. Your unmarried child under 21 years of age; and
    C. Your unmarried son or daughter 21 years of age or older.
    NOTE:
    1. If you are filing for your spouse, he or she must complete and sign Form I-130A, Supplemental Information for 
    Spouse Beneficiary. If your spouse is overseas, Form I-130A must still be completed, but your spouse does not have 
    to sign Form I-130A. Form I-130A must be submitted with Form I-130. 
    2. There is no visa category for married children of lawful permanent residents. If you are a lawful permanent resident 
    and you filed Form I-130 for your unmarried son or daughter, but your son or daughter marries before immigrating to 
    the United States or adjusting status to lawful permanent resident, we will deny or automatically revoke your petition.
    3. Non-citizen U.S. nationals (as defined in the Immigration and Nationality Act (INA) section 308) have the same rights 
    as lawful permanent residents to petition for family members. If you are a U.S. national born in American Samoa or 
    Swains Island (or who otherwise qualifies as a non-citizen U.S. national, as described in INA section 308), you should 
    indicate in Part 2., Item Number 36. of the petition that you are a lawful permanent resident. You do not need to list 
    an Alien Registration Number (A-Number) in Part 2., Item Number 1. of the petition.
    4. If the beneficiary qualifies under Items 1.C., 1.D., or 1.E. above,
     
    you are not required to file separate petitions for the 
    beneficiary’s spouse or unmarried children under 21 years of age. They are considered derivative beneficiaries and 
    you should list them in Part 4. of this petition.
    If you are the lawful permanent resident petitioner and the beneficiary qualifies under Items 2.A., 2.B., or 2.C. above, 
    you are not required to file separate petitions for the beneficiary’s unmarried children under 21 years of age. They are 
    considered derivative beneficiaries and you should list them in Part 4. of this petition.
    6. The derivative beneficiaries described in Items 4. and 5. above may apply for an immigrant visa along with the 
    beneficiary
     
    The only eligible relative is the spouse...
    When filling or answering the online questions it says to add her daughter, we did and did on 130a as well.
    I am a step parent to the 19 yr old when married, so item 3 below technically would prohibit me filing for my stepdaughter...
     
    The rules also say...
     
    .
    Who May Not File Form I-130?
    You may NOT file Form I-130 for a person in the following categories:
    1. An adoptive parent or adopted child, if the adoption took place after the child turned 16 years of age, or if the child 
    has not been in the legal custody and has not lived with the parents for at least 2 years before filing the petition;
    2. A natural parent, if you gained lawful permanent resident status or U.S. citizenship through adoption or as a special 
    immigrant juvenile;
    3. A stepparent or stepchild, if the marriage that created the relationship took place after the child turned 18 years of age;
    4. A spouse, if you and your spouse were not both physically present at the marriage ceremony, unless the marriage was 
    consummated;
    5. A spouse, if you gained lawful permanent resident status through a prior marriage to a U.S. citizen or lawful 
    permanent resident, unless:
    A. You are now a naturalized U.S. citizen;
    B. You have been a lawful permanent resident for at least five years;
    C. You can establish by clear and convincing evidence that you did not enter the prior marriage (through which you 
    gained your lawful permanent resident status) in order to evade any U.S. immigration law; or
    D. Your prior marriage through which you gained your immigrant status was terminated by the death of your former 
    spouse;
    6. A spouse, if you married your spouse while he or she was the subject of an exclusion, deportation, removal, or 
    rescission proceeding regarding his or her right to be admitted into or to remain in the United States, or while a 
    decision in any of these proceedings was before any court on judicial review. However, you may be eligible for the 
    bona fide marriage exemption under INA section 245(e)(3) if:
    A. You request in writing a bona fide marriage exemption and prove by clear and convincing evidence that the 
    marriage is legally valid where it took place and that you and your spouse married in good faith and not for the 
    purpose of obtaining lawful permanent resident status for your spouse and that no fee or any other consideration 
    (other than appropriate attorney fees) was given to you for your filing of this petition. The request must be 
    submitted with Form I-130; or
    B. Your spouse has lived outside the United States, after the marriage, for a period of at least two years;
    7. Any person, if USCIS determines that he or she entered into or attempted or conspired to enter into a marriage in 
    order to evade U.S. immigration laws; and
    8. A grandparent, grandchild, nephew, niece, uncle, aunt, cousin, or parent-in-law.
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