Nutty

My marriage doesnt work out. I am on vacation to see my family in philippines and my husband is filling a divorce for me. He wants me to sign the divorce paper and send it back to US and he said his going to call the immigration to cancel my 2 year conditional green card and petition another girl from philippines to marry him. My green card will expire next year 2008 but i want to come back before the expiration... Can i enter back to US with divorce status ???

please help thank you so much....

Your husband sounds like a real jerk..

YOUR HUSBAND CAN'T CANCEL YOUR GREENCARD. ONLY THE US GOVERNMENT CAN CANCEL.

1) Don't sign the divorce paper without seeing a lawyer!!!!!

2) Make some efforts to make up and save the marriage (there is a reason I say this). Call a marriage counselor and speak with her. Pay her bill and keep a receipt.

3) Then when your husband tries to divorce you, you tried to go to MARRIAGE COUNSELOR to save marriage (your visit to marriage counselor and receipt shows you try). Then the NVC can decide with this paperwork that you married your husband out of love and wanted to keep marriage. That your husband is the one who is breaking marriage, not you. You will more than likely be allowed to stay.

4) KEEP IN MIND - you are SPONSORED BY YOUR HUSBAND. FINANCIALLY SPONSORED. He may divorce you, but until you get your permanent greencard, he must continue to be your sponsor.

I need some guidance:

Situation: My wife had filed the certificate that she had received from the union council in karachi, the embassy in islamabad sent her back with a blue letter with a 221 (g) asking for court documentation.

Question: How do I acquire a court document, and what are the necessary steps needed to get this done in karachi pakistan. If anyone has been through this please advice. Thank You.

Instructions say, "Evidence must be in the form of ORIGINAL DOCUMENT - or - certified copy bearing the STAMP or SEAL of the ISSUING AUTHORITY.

That means you need to get a copy of the divorce from the CLERK at the courthouse or government office where the divorce took place. They have to stamp it with their official stamp.

OR

Make a photocopy of the divorce paper (to keep for your records) and just give the NVC the original divorce paper.

Thank you Nutty!

Another question on DS-230. Point 25 namely. I had R (C1/D class) visa -this type of visa is issued to crewmembers who work on cruise ships. Should I indicate that type of visa in my DS-230? 'cause I entered US using that visa but I lived 6 months on a cruise ship not actually in the US.

Let me be clear....You are the beneficiary/applicant who is being sponsored by a spouse?

I would do exactly as it states. Put the entry and exit date of your visit - US location - visa type, the DHS "A" number is you know it.

Do this for every time you entered and exited the US. Make a seperate list if you need more space (refer back to item number on form)

Look at your entry and exit stamps in your passport for accuracy of dates.

Hi everybody.

I have a question for ppl that had to get a co-sponsor.my question is :

Do I have to submit the original tax retun papers from the co-sponsor or a copy is good enough ?

I know i have to submit the original signed form I-864 but not sure about the tax return documents.can anybody help ?

My understanding is photocopies of the 1040 form, W-2's, 1099's and related financials can be submitted.

My mother lives in India and she will have status adjusted in India.

I just got the DS-3032. What option do I pick? I am leanging toward 'No agent' and I want to specify USA address? Is this a good idea? Please help,

Thanks

Does the NVC consider your mother to be residing in the US? Does your mother have a US address?

If yes, then do it no agent and list her US address.

But if your mother is not a current resident inside the US, you will have to be elected as agent. This is a form your mother needs to sign, not you, because she is authorizing and electing you as agent.

Fill out the DS-3032 form, but leave signature and date section blank. Send it to her via email or courier. She signs it and couriers it to the NVC (or you).

By courier I mean Fedex, dhl, airborne. Something that requires tracking and receival confirmation.

Hey guys! I just wanted your views on whether to email DS-3032 or not. Did anybody recently try to email the choice of agent ????

I do not know the NVC offers that option.

However, the DS-3032 form needs to be signed by the beneficiary/applicant (spouse being sponsored). Not signed by the petitioner (you).

So given there is a "signature and date" section on the bottom of the page. I would think the NVC requires the original document and not a scanned/emailed version.

I am not talking about DCF ( direct consular filing) i am asking about "Consular Processing" they are two different things ..

DCF -- you have to be outside the U.S.A

Counselor Processing - its something you can request when filing i-130 .... how effective ?? i don't know ... form the post above i am understanding that its only for K-3

have anyone done it before ... how fast is it ??

Did you read Pushbrk´s comment? (Post #4).

yes ... i think now you can still request for "Counslar Processing" if you want to ?? Have anybody ever done that ?? is it any faster that USCIS ??

I have never heard of such a thing. If you file in the United States, it first has to be processed by the USCIS and then NVC, in case of CR-1. It only processes at the consulate is if you do DCF.

The OP's question does not relate to DCF in any way. These answers are ust confusing the point.

Requesting Consular processing on an I-130 is something K3 filers do when they don't want their I-130 held for AOS. USCIS routinely holds I-130's when an I-129F for spouse has been approved. Successfully requesting Consular Processing does not circumvent USCIS processing, it just gets the petition forwarded to NVC and the Consulate so an immigrant visa can be the result instead of stateside status adjustment.

See here:

http://www.uscis.gov/files/pressrelease/PN_i-129f.pdf

If no I-129F is filed or contemplated, the I-130 will receive "Consular Processing" after USCIS approval, like any other "visa" process.

My apologies for maybe not understanding....But my understanding was they were trying to avoid the USCIS for processing and I thought only citizens who resided outside the US can have "consular processing." Direct Consular filing and Consular processing sound similar

We started this process on December 28, 2006. I was RFE'd for an original marriage certificate (gave a notary certified copy in first attempt) on the DS-230 and part II of the application (thought it was to be given at the time of interview, my mistake). Well, NVC received both missing pieces of evidence September 28. Now have that 6 to 8 week "wait" message.

I really don't know how to handle this living in limbo. I can't "settle down" here until I know my husband will come to the US. Means I live out of suitcase and don't try to accumulate material possessions which may have to be sold later if I am forced to leave the US.

And because my husband is an Iranian with chemical engineering background, I fear having to undergo a long period of AR where his name gets added to the FBI backlog I read about when it comes to security checks.

It really has me down.

Was your petition ever approved? Have you received a letter telling you that you are in AR?

Not approved or denied yet....Just being examined at the NVC. I sent most of the DS-230 documents on September 4. Then was RFE'd a few weeks later. The NVC received missing documents September 28.

Now they are just processing.

I dont think your husbands knowledge would be held against him even though that stereotype exitsts. I know of Pakistani and Iranian people in the US. Maybe he can take the Employment route to get into the US with his type of knowledge if for some reason this does not work. But USCIS or the NVC will have to give you a valid reason to why he is denied entry if it comes down to that. Dont worry. Either way you love him, right? You cant live with him, you cant live without him

I noticed that cases coming from middle eastern countries (on the regional forum) have an extra lengthy wait time in AR. Months to years. I am not necessarily thinking he will be denied, but that it could be a year before we see each other.

I totally understand that. I live in Japan and my fiance (USC) lives in the US. It is soo soo soo hard for us to see each other all the time. I left the US after I completed my university last september.

and In this september (2007), he came to visit me by spending so much money due to avoid any problems. We are saying that USCIS might say why we have been in long distance for almost year. So he took a vacation and spent so much money and visited me. We stayed together only for one week, but it was ok. I have no idea how USCIS can measure someone's love. Some couples have met each other only once and enaged. I have been with him for over 6 years and finally engaged. Some couples see each other millions of times, but some couples cannot do financially or whatever the reason is. They really should consider all of them.

You at least have the good fortune of having the option to have your fiance come visit you in the US on a tourist visa - or you visit Japan.

My husband and I don't even have that since both Iran and the US have no diplomatic ties.

Who can request consular processing ??is it only for K3 ?? or CR-1 to ?

DCF is only available for immigrant spousal (CR-1 and IR-1) visas. BOTH the USC and the spouse must be residing legally abroad -Consulates have different requirements as to how long residency needs to be in existence before you apply.

Hope this helps, L.

I am aware of DCF .... i am taking about "stating you want consular filing on your i-130 form when filing from U.S.A ) ??

I think you can request it ?? is it only applicable for K-3 or IR/CR-1 i don't know ??

Direct Consular Filing can only be requested by a US citizen who works and lives OUTSIDE THE USA. If you live in India as a US citizen and then get married, you can go to the consulate and file directly.

We started this process on December 28, 2006. I was RFE'd for an original marriage certificate (gave a notary certified copy in first attempt) on the DS-230 and part II of the application (thought it was to be given at the time of interview, my mistake). Well, NVC received both missing pieces of evidence September 28. Now have that 6 to 8 week "wait" message.

I really don't know how to handle this living in limbo. I can't "settle down" here until I know my husband will come to the US. Means I live out of suitcase and don't try to accumulate material possessions which may have to be sold later if I am forced to leave the US.

And because my husband is an Iranian with chemical engineering background, I fear having to undergo a long period of AR where his name gets added to the FBI backlog I read about when it comes to security checks.

It really has me down.

havent got this far yet but once my husband enters the states and gets that stamp in his passport and is finally a permanant resident is it over are we done with the paper work and the messed up government?

No. Then you have to get a social security number issued and later convert two year immigrant visa to permanent resident.

hi all...

is it necessary to enter spouse name in passport.........if one is to be going USA on CR1 visa........./???/

[/quote

The thing that is most important is consistancy. If you listed your name a specific way on the forms for the US visa, then your name on your passport should match accordingly.

hi all...

is it necessary to enter spouse name in passport.........if one is to be going USA on CR1 visa........./???/

[/quote

Really, you are making yourself stressed.

I am not sure how you will need to fill out forms if you are applying for an Indian passport. But the passport will only list you. Rule of thumb: one passport = one person. No references to other family members on passports.

hi all...

is it necessary to enter spouse name in passport.........if one is to be going USA on CR1 visa........./???/

[/quote

Really, you are making yourself stressed.

I am not sure how you will need to fill out forms if you are applying for an Indian passport. But the passport will only list you. Rule of thumb: one passport = one person. No references to other family members on passports.

hi,

i am about to receive my husbands police record and birth certificate and have to send them to nvc with the ds230 packet. i am fluent in spanish and english, can i just translate these myself?

thanks,

rachel

NO.

These are documents that need to be verified (stamped as accurate translation) by a legal or government office in your husbands native country.

Dear VJers,

on the list of documents desired by the US embassy in France, there is a "notarized letter of employment".

I am lost here - original letter of employment is possible to get, but how do I get it notarized??!!! We can't expect an HR person to make a trip to the nearest notary, can we???

Please

Rika

Dear Wacko:

Why don't you get the original letter from your employer, go and make two copies, then go to a notary public yourself and have the two copies notarized? (that's what I did)

Then you can send in a notarized copy and keep one notarized copy and the original. Or send in the original and keep both notarized copies.

Huh? Notaries witness signatures. You would need the signer present at the Notary. In general, Employer letters are not notarized or even required. I'd ask your question in the appropriate regional forum.

Yes, I agree employer letters don't need a notary.

But I have had copies notarized by banks and notary's. I present the original document to them. They make a copy and notarize it as a "true and accurate copy" of the original.

thank you guys for replying fast

I have enough evidence for later I guess for interview

right now they don't ask for anything and like all of you say don't send until they ask

-I got over 300 pictures

-receipt from marriage party (over 100 people)

-dvd ( 3 hours)

-I went to Bosnia 3 times before we got married ( I saved flying tickets)

-Honey moon in Alanya Turkey ( receipt and flying tickets)

-phone bills, money that I send to her to buy wedding groom

-Renting the car

-I am planning to visit her again for new years eve

With this evidence I guess I am ready for attack hehe

I pulled this from MurthyDotCom. It's another forum.

Do Not Send in Unsolicited Documents Additional documentation should not be sent until requested by the NVC. Because operations at the NVC are highly automated, items (such as fee payment, affidavit of support and other forms) that are received before a request has been issued tend to complicate processing and delay the respective cases. We note that the same appears to be true of processing at USCIS Service Centers – it is generally best to not send additional information until requested.

here is a copy of the most important things in the denial letter,,can u plz tell me what thoes codes means? on august 30,07 the service requested additional evidence regarding the visa petetion you submiitted on jan-07 on behalf mike...... to accord him status as a spouse of the united states citizen pursuant o section 203(a)(2)(B) of the immigration and nationality act,as amended.in visa potetion proceeding,the burden of proof is upon the petitioner to establish eligibility for the benefits sought under the immigration laws,(matter of awadalla),101&n dec.580(1964),matter of brantigan,11 i&n dec.493(1966).the board of immigration appeals has determined that failure to prosecute is a valid ground for denial when the potetioner fails to comply with a reasonable request for evidence or to appear for interview,matter of pearson,13 i&n dec.152(1969). title 8 code of federal regulations,section 103.2(B)(11)states,

(11)submission of evidence in response to a service request.all evidence submitted in response to a service request must be submitted at one time.the submittion of only some of the requested evidence will be considered a request for a decision based on the record.

you were requsted to submitt documentation which would establish that you and ur spouse have a bona fida marriage,review of the records reflects that u submitted several affidavits,t-mobile bills and numerous greeting cards and letters from and to ur spouse,and reciepts from hotels,joint credit cards bills,pictures,marriage ring reciept,pictures with family members,you have ,thereby,requested a decision based on the record.after careful review of the evidence submitted you have failed to establish that a bona fida marital relationship exists or existed between the potetioner and beneficiary,therefore,in accodance with INA section 245(a)and 8cfr section 103.2(B)(11),supra,your potetion for alian relative must be and is hereby denied.

you may if u wish,appeal this decision.must submit such an appeal to this office whithin 15 days with a filing fee of $110 .if you do not file an appeal whithin the time allowed,this decesion is final.

appeal in your case may be made to the board of immigration appeals(board)in falls church,virginia ,it must reach this whithin 15 calendar days from the date this notice is served(18 days if this notice is mailed)

and thats it ,,so first i mailed more things that they didnt even mentioned?and the second thing we never send them on 2 or 3 times?they request everything on 2 times and we have prove?but what does all that mean?is it all about proving the marriage or there is something else?what the hell we send 5 pound box ?come on ,,we were''nt even husband and wife ?can u tell me wht thoes codes means

Can you write down a detailed list of all the items you sent?

1.

2.

3.

4.

etc.

Hello All

Regarding to the information about Affidavit of Support.

Since my husband has moved and lived in Thailand from Aug 2006-Sep 2007, which means that he didn't earn any income at all in the US during that time. So he only filed for tax of year 2006 for half year. Now he is back to the US and possible get job within this month. I would like to know that what should I do about this problem? I actually don't really understand much about the system and what they require to file together with Affidavit of Support (I-864). What about cosponsor? Who should file together with him as a cosponsor? Could be any member of his family? But they don't live together. Can anyone please explain this to me. I would be very appreciate.

Thanks and Best Regards

I had the same problem. Did not file for 2005. But did file for 2006 with zero (0) income because both of those years I was unemployed and outside the US.

There is a form on the IRS website you can download and send to the IRS requesting transcripts. Print and fill out one form for each year. So one year - one form - two years - two forms.

The IRS will send a document saying they have no record of your husband filing taxes for 2006.

Write a letter stating:

From August 2006 to September 2007, I was outside the USA and unemployed during this time. This is the reason my income for 2006 is (give amount). Attach the letter to the IRS transcripts.

This is what I did to explain my low income for 2004 and no income for 2005 and 2006. I had to write an explaination for all three years.

However, it is VERY IMPORTANT that the petitioner is employed when they file the petition and that they are making AT LEAST the minimum required amount to be a sponsor of the petition.

Dear VJers,

on the list of documents desired by the US embassy in France, there is a "notarized letter of employment".

I am lost here - original letter of employment is possible to get, but how do I get it notarized??!!! We can't expect an HR person to make a trip to the nearest notary, can we???

Please

Rika

[/quote

Dear Wacko:

Why don't you get the original letter from your employer, go and make two copies, then go to a notary public yourself and have the two copies notarized? (that's what I did)

Then you can send in a notarized copy and keep one notarized copy and the original. Or send in the original and keep both notarized copies.

Hi

I read a lot of topics saying we need to send the proof of bona fida marriage

I sent with my I-130 only marriage certificate since they requested only that

I mean we can't own anything together since we don't live together

did I make mistake by not sending them photos from marriage ceremony, DVD and all receipts

or that is something what she should bring with her to the interview

I don't think you made a mistake at all. I read somewhere on the instructions and also posted a link on another post in this forum that the NVC DOES NOT WANT UNSOLICITATED DOCUMENTS during the I-130 and DS-230 stages. That means give them what they request and only what they request for each form. Nothing more.

It is because they do lose documents and it slows the processing down if they have extra documents to wade through.

Hi friends, the former DJTNDOG here. I had to change my identity and disappear on here because a former friend of my SO had been harrassing us and I didn't want him to mess up anything when we were so close to getting our visa.

The good news (and truly a miracle, we are convinced), is that my SO GOT HIS VISA!!!!!!! We were truly and utterly in shock. I had to change airline tickets, get him one (2700.00 one way, which sucks--my entire ticket was 1000.00) and get all of this together in a short time.

I think I left you guys after he had his interview scheduled. I want to share all of this to help others, so if I repeat or whatever, hope you understand. His interview was scheduled, he got his physical, and got to Casa. The bad part is during this whole time, he had just had eardrum repair surgery and was running back and forth to Casa and is just now recovering. Anyway, here goes:

We are still not sure who he had the interview with. He described the men and women there as not being Moroccan, perhaps Syrian for a couple, with different accents from him. He also said none of the interviewers were really blonde, so I am not sure who his was. This is what he said:

His interview was scheduled for 8:00 a.m. His good friend went with him, and they spent the night in a fleabag hotel. Both got some kind of cooties, but that is a story for another time...lol. Anyway, he went over there at 7:30 and was called in. He said there were about 35 people in the room. He was told to give his papers to a woman whom he described as mean, like the milatary. (I am using my own words and some of his as to what he meant.) He said she was rude to all of them, like she had power over them and wanted to show it off.

Then he sat down. Two others went before him. One was a woman. He couldn't hear much of what was said, but he thinks the woman was lying and caught in her lies. Something about she told the woman that she talked to her fiance every night, then changed her answer when the woman questioned her. She left upset and mad. He said he thought maybe the main thing was what the person said had better match up with what is on the paperwork in front of the person that is conducting the interview.

Then a man went for his interview. My SO wasn't sure what happened there, but the man also left upset. Then it was his turn. He said the woman was very nice, very respectful, and that he could understand what she said. My SO has been speaking English about a year and we had practiced the questions and talked about the answers. So he was prepared for what she might ask. He had to ask her to repeat a couple of times, but had no trouble answering. I am going to list the questions on another post so that people can read those separately. Anyway, she talked to him about 15 min. He said she typed while she asked him, but she managed to look him in the eye a lot. He thought she was trying to see if he was lying. Then at the end, she said, "Everything is ok. We will call you next week." Of course, he didn't ask if he was gonna get his visa or anything, so I was freaking. His interview was on a Thursday. They called the following Friday. Asked him to come in on Monday and bring his passport. Back to Casa, which is a 4 hour bus ride from Marrakech, by the way. Then when he gave them his passport, they told him to come back tomorrow. I said, Did you ask them why? No again....lol. So the next day, he went and they gave him his passport.

I had planned already to be there for three weeks, leaving the US on Sept. 21 and to return Oct. 13. But I had to change my ticket, add him to my flight, etc. All in a short time.

So, now he is here with me since Saturday. Of course, being Ramadan, it has been different than we had planned. BUT he is doing great. We applied for his SS#, went to a couple of job prospects. But he has to learn how to drive and we have no bus service from here to Knoxville, where the sewing jobs are that he wants. We have found two places that sell halal meat, etc, in Knoxville, gone to the mall (Don't take me here again, just go alone...lol). His biggest adjustment so far is that he has trouble understanding what is said, so he wants to begin English classes immediately. They offered some from Jan.to May for free through our local college, so I am hoping they will offer more soon. We have talked to his relatives, he plays lots of Algerian music, chats on internet with his friends, etc. But he is sort of quiet, I think, cuz he is sooo hungry all the time and it has been 3 weeks of Ramadan. I will keep you posted as we go along. As I said, I will post the questions he was asked on another entry. I was totally surprised that the interviewer was nice to him, so I can't complain too much about that.

I have no clue as to why we got our visa and others did not. I know several people with similar issues whose papers were turned down. I can only speculate why, but that is for another time.

You should order some dates online for him to break fast with. Besides, there just nice to have around to snack on. Secondly, maybe you could find out if Kosher meat would be acceptable to your SO. I think Kosher meat is "dispatched" in the same method as Halal. Geez. I am so lucky. My husband is much more secular and can tolerate non halal meat once in a while.

Do I have to send my financial information to my wife for the interview, or all document that I filed with NVC will be send to the embassy in Moscow?

File your affidavit of support with documentation with the NVC. BUT - make a copy, maybe have it certified by a notary public, and send the copied version to your wife.

She should have copies of ALL paperwork submitted for the case when she goes to the interview. This way if the CO is missing a document your wife can at least provide a copy.

I think the NVC recommends this.