dwiz123

My lawyer says I can start sending out my petition while she finalize her divorce. She just needs to be divorced before interview. Is that true?

Good luck in your interview!

I am sorry if i will be posting here...moderator just move this post later...

but i am still shaking from excitement!!!!! I just got home from work and i checked visa sked and lo and behold.....WE HAVE A SCHEDULE FOR INTERVIEW!!!! YEHEY!!!!MNLcase#2007819*** - st. lukes - Jan. 29

Interview- feb 05....

MERRY CHRISTMAS EVERY ONE!!!!! AND HAVE A BLESSED AND FRUITFULL NEW YEAR!!!

My wife was approved for a K3 Spousal Visa and entered POE on September 2, 2007. Does anyone know waht the stipulations are for her returning there for any reason in the first few months after she has arrived here in the US? She is in Manila today. She had a return flight back to the US at 6:40am this morning. The guards stopped her and reviewed her passport/Visa and didn't understand something about it. They contacted the US Embassy at 5am. Keep in mind her departure flight is 6:40am.... The US Embassy spoke with my wife on the phone and told her to come to the embassy when it opens at 7am!!!! GRRR!!!! OK, NOW she misses her flight and we will need to pay a re-booking fee because she missed her flight. Does anyone have any insight on this or enlighten me on why the stopped her and did not allow her to board the flight back home? She is at the embassy now and, of course I am looking for answers coz I'm so MAD! I can't contact her while she's at the embassy.....

It is possible that she never amended he passport to reflect her married name, but that isn't usually a problem for travel back to the U.S., unless the plane ticket is not in her passport name.

Since it was Filipino Immigration who wouldn't let her board, it sounds like something was wrong with her passport or plane ticket, not her K3 visa.

A K3 visa has multiple reentry privileges.

I am posting this for a friend who's really in the dark right now. Since I don't know for sure what to tell her, I've decided to start a topic for her. Here's her story:

She came here in the US late July of this year using K1 visa. She and her then fiance got married almost close to I-94 expiration. She is now pregnant with expired I-94 and hasn't filed for AOS because according to her husband, as long as they got married within 90 days upon her arrival, that makes her a legal immigrant and has nothing to worry about being deported back to the Philippines. Someone even told her that now that she's married, she can apply for AOS within 2 years of their marriage. My friend wants to believe them but at the back of her mind, she got some worries because I told her that she's out of status now (was I right?). Now the question is, how long can she prolong applying for AOS?

I'm sorry if this has been asked before... My computer is acting weird when I tried to search for related topics... Any advice will be highly appreciated.

--Mae

On the other hand, by waiting too long past the I-94 expiration, he is putting his wife at risk, as she has no legal protection if something happens to her or if she has a problem with a law enforcement agency or if her husband passed away.

If my fiancee receives all of her vaccinations prior to going to the medical exam, will the exam be only one day or will it still be two days?

Can somebody help me out here please!!! i have a friend who petitioned his fiancee` and got married a wk after the girl arrived in the US. But he found out that the girl really didn't want to have anything to do with him. Basically, she just used him to come over to the US. What do you think he should do? He already filed a complaint with the INS about this incident. It's been 3mos when this happened and i think the girl's visa expired last fri (Nov.11th) What further action does he need to do next? I need some input PLEASE!!! Thank you....

If he is still married, he needs to get a legal annulment, which will have the result of the marriage never having been considered valid. Unlike the Philippines, legal annulments in the U.S. are easier to get.

An annulment will provide less opportunity for the gal to attempt a self-petition based on an "abusive marriage," since the marriage is not considered to have even existed.

Incorrect. An annulment provides no less opportunity for an alien to adjust status based upon an "abusive marriage". Abuse is perfect grounds for an annulment.

There is no "correct" or "incorrect" with an issue like this. USCIS will look upon an annulment differently than a divorce. I can't disagree, however with the responder's suggestion that the alien might still claim an "abusive" marriage when self-petitioning. An annulment, however, is a legal strategy to nullify the marriage, not to legally terminate it.

How so? Provide specifics; everything I've read says that as far as they're concerned, the end of the marriage is the end of the marriage.

I think it possible that USCIS would recognize the annulment as meeting the definition of "legal termination of a marriage," for purposes of meeting the requirements for self-petitioning because of "battery or abuse."

But I've seen a fair number of denial decisions written by USCIS attorneys or adjudication officers which seem to be reflecting a current policy or bias, and which might very well be entirely different a year from now.

Once again I disagree with your assessment of whether an annulment violates conference of eligibility for an alien to receive permanent residency through "marriage". You might want to familiarise yourself with the distinction between marriages that are void ab initio (or void, invalid) and those that are voidable. The simple answer is....as long as the marriage is not void, (in other words that marriage can be voidable), then the marriage may be recognised for immigration purposes.

I think you need to recognize that identical relationship-failure circumstances might result in an approval one day and a denial the next day.

Can somebody help me out here please!!! i have a friend who petitioned his fiancee` and got married a wk after the girl arrived in the US. But he found out that the girl really didn't want to have anything to do with him. Basically, she just used him to come over to the US. What do you think he should do? He already filed a complaint with the INS about this incident. It's been 3mos when this happened and i think the girl's visa expired last fri (Nov.11th) What further action does he need to do next? I need some input PLEASE!!! Thank you....

If he is still married, he needs to get a legal annulment, which will have the result of the marriage never having been considered valid. Unlike the Philippines, legal annulments in the U.S. are easier to get.

An annulment will provide less opportunity for the gal to attempt a self-petition based on an "abusive marriage," since the marriage is not considered to have even existed.

Incorrect. An annulment provides no less opportunity for an alien to adjust status based upon an "abusive marriage". Abuse is perfect grounds for an annulment.

There is no "correct" or "incorrect" with an issue like this. USCIS will look upon an annulment differently than a divorce. I can't disagree, however with the responder's suggestion that the alien might still claim an "abusive" marriage when self-petitioning. An annulment, however, is a legal strategy to nullify the marriage, not to legally terminate it.

How so? Provide specifics; everything I've read says that as far as they're concerned, the end of the marriage is the end of the marriage.

But I've seen a fair number of denial decisions written by USCIS attorneys or adjudication officers which seem to be reflecting a current policy or bias, and which might very well be entirely different a year from now.

Can somebody help me out here please!!! i have a friend who petitioned his fiancee` and got married a wk after the girl arrived in the US. But he found out that the girl really didn't want to have anything to do with him. Basically, she just used him to come over to the US. What do you think he should do? He already filed a complaint with the INS about this incident. It's been 3mos when this happened and i think the girl's visa expired last fri (Nov.11th) What further action does he need to do next? I need some input PLEASE!!! Thank you....

If he is still married, he needs to get a legal annulment, which will have the result of the marriage never having been considered valid. Unlike the Philippines, legal annulments in the U.S. are easier to get.

An annulment will provide less opportunity for the gal to attempt a self-petition based on an "abusive marriage," since the marriage is not considered to have even existed.

Incorrect. An annulment provides no less opportunity for an alien to adjust status based upon an "abusive marriage". Abuse is perfect grounds for an annulment.

Can somebody help me out here please!!! i have a friend who petitioned his fiancee` and got married a wk after the girl arrived in the US. But he found out that the girl really didn't want to have anything to do with him. Basically, she just used him to come over to the US. What do you think he should do? He already filed a complaint with the INS about this incident. It's been 3mos when this happened and i think the girl's visa expired last fri (Nov.11th) What further action does he need to do next? I need some input PLEASE!!! Thank you....

An annulment will provide less opportunity for the gal to attempt a self-petition based on an "abusive marriage," since the marriage is not considered to have even existed.

Either way, annulment or divorce, he should start the procedure real soon. He can forget about deporting her or getting swift action from USCIS. It just won't happen that way. He needs to cut his legal ties with the young lady without doing an Adjustment of Status, and let her pick up the pieces, if she can, from there.

Now that I'm done being upset about the fee increase, which is old news, I wanted to know how much more we would pay with the new fee structure. Below are our remaining two steps and associated fees:

1. Petition to Remove the Conditions of Residence (I-751)

Previous Fee:$205 (No Biometric Fee)

Current Fee: $545 ($465 App Fee & $80 Biometric Fee)

Increased Cost: $340

2. Application for Naturalization (N-400)

Previous Fee:$400 ($330 App Fee & $70 Biometric Fee)

Current Fee: $675 ($595 App Fee & $80 Biometric Fee)

Increased Cost: $275

TOTAL INCREASE: $615

omg!! im so scared u guys!!! its been 3 months now since we sent our I-130 and no approval yet... also i ve mentioned this before in a separate thread.. that my husband ( USC) sent both I-130 and the I-129 together and a few weeks later they sent him back the i-129:unsure:

should i start getting concerned?? if not, then how many months should get me worried???

Hello all,

My wife and I have not sent out the I-130 yet, only because she is still waiting on her passport. The question I have tho is, how can my wife be denied the visa? Where is there information saying that? I guess I must have missed it here, if it's posted somewhere here on the site. Were worried about being denied her visa.

Information greatly apprecieated

Brian and Marilyn

Drug trafficking

Having HIV/AIDS

Overstaying a previous visa

Practicing polygamy

Advocating the overthrow of the government

Submitting fraudulent documents

Hi All, After recieving an IVR message that says NVC has recieved the ds230, how long does it take before you hear the message Case Complete granting there are no RFE's. Does it really take 6 wks as the IVR says?

For any that have experienced the CR-1. Is the date they mail out the green card and social security card based on having visa issued or when you go through POE? Planning on spending a couple of months in Manila visiting wife's family and friends and don't want these laying around the post office. Thanks

I'm wondering if the NVC automated line tells when the case is sent to Manila. Right now I've been at "case completed" for about a week.

Greetings VJ community! My wife and child entered United States on October 12, we married on November 8 and now I'm preparing to file for their adjustment of status application. I reviewed the helpful checklist here but it doesn't specifically mention details for children of K-1's. Based on what I can find, here's what I think I need to do - as well as some questions - for her child (in addition to the regular instructions):

1. Submit an additional I-485 and G-325A and I-693 for her child.

2. According to the instructions my wife's fee will be $1010 (including the biometric fee) but I'm not sure how much the fee will be for her 10-year-old child. The instructions say "The fee for a child under the age fourteen years will be $600.00 when submitted concurrently for adjudication with the application of a parent under sections 201(B)(A)(i), 203(a) (2)(A) and 203(d) of the INA." Does that include her 10-year-old son if I'm filing them at the same time?

3. Obviously, passport photos for her child.

Is there anything I missed? Any other advice for a new step-father eager to get his family through the immigration hoops?

Thanks!

Joshua

The fee is $600 for her child if when submitted concurrently with your wife's I-485. No fee for biometrics.

Hi!

I sent I-130 for my wife on Oct. 10 (I am a US citizen), still I have not received my NOA1 from Nebraska Service Center. Could some tell me how long it will take normally.

Thank you

Ok i know this is to bit early to think of , but me and my husband are getting confused right now . I will enter the US as K3 visa and i have 3 kids in my first marriage under K4 visa. When my 129F approved the 130 was approved also, and since in 129F my husband include my kids so they are in K4 visa , but dont have the 130 approval, and i know that in K3 visa I have 2 yrs before AOS. now my question is the following :

1. Can I apply for EAD even im not applying for AOS ?

2. If not and will have to apply for my AOS to get EAD , will my kids lose the K4 since they are derivative in my K3 visa if my AOS is approved ?

3. If my kids will lose the K4 in my approved AOS does it mean i have to apply for my kids 130 before I applied for my AOS ?

4. If my AOS approved first than my kids 130 are they going to be unlawful resident ?

5. When exactly should i file the 130 for my kids since mine was approved already and if their 130 is approved when exactly can we apply for their AOS ?

everyone opinion and info is welcome and i will appreciate it very much tnx.

2. YOUR KIDS SHOULD COME WITH YOU, IF POSSIBLE. OTHERWISE, IT WILL BE A BIG HASSLE TO BRING THEM LATER.

3. I BELIEVE THAT THEY HAVE A YEAR FROM YOUR DEPARTURE TO GET THEIR VISAS.

4. NO. ARE YOUR KIDS COMING WITH YOU OR NOT?

5. YOU CAN SUBMIT THE I-130'S FOR THE CHILDREN AT THE SAME TIME AS YOU APPLY FOR THEIR ADJUSTMENT OF STATUS.

Hi Everyone,

I think I am almost ready to send off my petition. We are not sure of the dates for my fiancée employment history and work history. Also for several months she lived at several addresses and we don't know all of them now. How exact do we need to be on this? Will this be double checked in the Philippines? I've searched and searched but can't find the answers on here. My history in the USA is all pretty exact and not lacking any addresses, I'm just concerned about her addresses and previous jobs before the last one that lasted 2 years.

Thanks for any input! I can't wait to finally send this in, it seems like it's taken forever to get it all together!

-jason

Does anyone know how long the wait is if you want to pick it up at the embassy and don't want it delivered? I would like my girl to just wait a couple days so she can fly directly out of Manila.