Km13

Update: Warsaw never responded to any of our emails so we decided it would be best to go there in person one more time and try to explain that our documents are in fact originals. My fiancee returned to Poland, ready to explain to them why they were mistaken, had printed out screenshots from the uscis website, etc. but the woman at the front desk collecting documents barely even bothered to look at the police certificates. She asked "are these the originals?" my fiancee of course answered yes. The woman then immediately accepted them and a day later my fiancee had her visa. 

On the one hand we're both elated that it's over but wow this whole situation was extremely stressful, frustrating, and much more expensive than it should have been for absolutely no reason. 

6 minutes ago, Allaboutwaiting said:

Well, best of luck with convincing the IO that the one you have is valid.

Would be useful if you come back and update on the matter.

Will do, thanks. 👍

9 hours ago, Mike E said:

You should try getting the non-digital certificate mailed from Sopanish as embassy as @Allaboutwaiting suggests but I share your skepticism that in the pandemic era you will get what Warsaw wants.  

 

The Administrative Procedures Act (APA) and precedent, Accardi v. Shaughnessy, might be relevant.  
 

When an agency fails to follow its own rules it is possible via a federal lawsuit to compel compliance.

 

DoS and the embassy at Warsaw are federal agencies.  The reciprocity web pages are the agency’s published rules.  Warsaw is it following its rules.  

 

It will be cheaper for the DoS in the USA to compel its CO in Warsaw to comply with its own published reciprocity rules than to defend something it isn’t going to win in court.  
 

This is going to require you to hire an immigration attorney with experience with APA cases against DoS.  

Unfortunately there is no non-digital version. We got one in the mail from Spain and it’s identical to the one they emailed us. We will try to contact the DoS, thanks for your help. 

10 hours ago, Allaboutwaiting said:

😑

 

I'm giving you alternatives to get a certificate printed by the Spanish authorities instead of one that was digitally generated and printed by you.

The problem is they do not have non-digital certificates. We already received a certificate by mail from Spain and it is 100% identical to the version they emailed us. 

2 hours ago, Allaboutwaiting said:

You can also request it by mail and it should be sent to your address in Russia. 

If you read my post you can see we don’t need a certificate, we have one already. The problem is Warsaw is saying it’s not acceptable. Even if we got a new one by mail, Spain has already told us that it will be 100% identical to the electronic version. 

1 hour ago, Mike E said:

https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Spain.html Says Warsaw is wrong.  
 

 

Yes, we've sent them e-mails quoting this exact website. They still say electronic is not okay. I don't know what to do at this point.

1 hour ago, Allaboutwaiting said:

You can get one at any Spanish embassy or consulate in Russia.

Unfortunately that's not possible, my fiancee is Russian. 

My fiancee and I are having an extremely hard time with her police certificates. 

Spain issued her an electronic police certificate with an apostille. This was rejected at the K-1 interview (Warsaw) because it is an electronic copy. We contacted Spain, they say they only issue electronic copies. My fiancee wrote again to Spain to ask for an original hard copy, but they told us it will look exactly the same as the electronic one and will also have an electronic stamp and a QR code. They also said that they have never heard of anyone having a problem with their electronic certificates, that they are legal originals.

Warsaw insists we are wrong, and each time we have emailed them, we get some generic response saying to make sure the police report was obtained following the guidelines on the travel.state.gov website (it was). On this website, it even says that Spanish police certificates are usually electronic. 

We are currently facing the exact same situation with her French police certificate which was also rejected at the interview... our solution to this is she will actually fly to France to have the electronic form apostilled. But with Spain, the form already has an apostille, so what to do?! Is there some government office that could stamp the police report with a real stamp, and not an electronic one? 

Of course we have evidence that the police certificates were obtained in the correct manner, are legal and acceptable according to the state department's own guidelines, but we are weary just to show up at the Warsaw embassy because they wouldn't listen to us in the past. Also we are currently living in Russia, with travel restrictions it's not so easy for us to get to Poland, we don't want to waste even more time and money, etc.

Just wondering if there is anyone else in the same situation. Would appreciate any ideas or suggestions, thank you.

6 hours ago, JeanneAdil said:

send an email or letter to France and ask for them  to put it in writing so u can take the written response to the embassy

 

and do a timeline here on your profile /important to ID the country 

u will get the best responses from those going thru the same embassy as u

Will try this, thanks.

4 hours ago, jan22 said:

Did you follow the procedure outlined by the State Department to get the right document from the right authority, as explained in https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/France.html ?  If so, make sure the Embassy in Warsaw know that what you submitted was the result of following that procedure.

Yes, we did. My fiancee tried to explain but they wouldn't listen. I guess we will send a more detailed email to the embassy explaining the situation. 

My fiancee had her K-1 interview this week in Warsaw and was denied because her police report from France is an electronic copy and "not an original" (she is not French, just lived there for a few months). We have asked multiple times, sent e-mails to the French authorities, and they say that France only issues electronic copies of police reports. 

Has anyone been in a similar situation?? What to do?

My fiancee has an interview for the K-1 visa next month. I am currently working in her country and will not continue this job after we move to the states. From what I understand, that means I should leave the employment section blank on the I-134.

I inherited a stock portfolio in July 2020. So far in 2021 I have earned around $23k from this portfolio in interest and dividends. But because I inherited it towards the end of 2020, there is not much income from the portfolio on my 2020 tax return.

Would it be ok if on the income section of the I-134, I put this year’s current (+ expected for December) interest and dividends, around $25k? Even though my tax return from 2020 won’t show as much? I have a complete 2019-2020 portfolio history, as well as a more recent list of holdings and activity which confirms this year’s current income. 

The assets in this portfolio alone are far above the 5x income requirement, so I'm not worried about that. Just wondering what to put for my income.