Mike and Elisa

THANK U GUYS FOR YOU'RE REPLY..ITS A BIG HELP

thanks for the reply motu..that helps

hello everyone..

how many copies of each documents should i submit to the uscis for the Adjustment of Status??

please helppp...

i'm having second thought on which place should be my last entry because the immigration officer checked my documents at Guam airport while Customs officer check my baggage at hawaii airport.. so my question is..where should my last entry be??

waiting for your response..thanks

correction: January 3, 2008 was their interview date. hehe...

Hi Begn and Carl,

Congratulations. Elisa also had her interview on Jan 3 and was approved. Now we're waiting for the embassy to print the visa.

Does anyone know how long we can expect to wait for the embassy to hand the visa off to Delbros?

I just got off the phone with Grace at the embassy a few minutes ago, but she just gave me the standard dogma about the process taking a week.

What I'm going to say assumes you have spent time living in the US and have met the US residency requirements. If you can show that you have lived within the US for at least five years of your life, then you've met the requirements. The five years do not have to be continuous. If not, there are other exceptions you can use to meet the requirements. I won't go into those here.

You are a US citizen and if you have met the US residency requirements, then your daughter is AUTOMATICALLY a US citizen the day she is born, provided, you can prove paternity and you agree to support the child. If you were married to the girl's mother, these last two things would not be required. As long as you meet these requirements, it is just a matter of getting the US citizenship that your daugeter already has to be recognized by the US government. There is no need for naturalization.

The process that Marnie did a very good job of describing is to get your daughter's US citizenship RECOGNIZED. It is not the process to actually get that citizenship. She is already a US citizen.

If you decide to marry in the US, you will need a K1 visa for your fiancee. If you decide to marry in Phils, you will need a K3 visa for your wife. As a citizen, you daughter does not require a K2 visa, she requires a US passport.

Thanks everyone for a lot of really great suggestions.

I love her, I know she loves me. I know that she will fit in and make the transition just fine. That doesn't mean it will be a simple process or that there won't be bumps along the way. I just want to do everything I can to make it as easy for her as possible.

Can anyone offer any suggestions on finding a local Filipino community or even a few nearby Filipino families? I've been to the local Asian grocery and asked there. Most of their customers are Chinese and they couldn't offer any help on finding Filipino families.

Equal and fair are not synonyms.

It's not that I don't get it. I do. By the way, the Cuban issue is a matter of a different law, not the same law applied differently.

What happens all too often is we hear, "It's not fair." when what is meant is simply, "I don't like it."

Similarly we hear, "It should be..." when what is really meant is "I want....".

First, I would contend that equal and fair are very much synonyms. No law or group of laws that are applied unequally can possibly be fair.

I'm not sure what distinction you're making between "a different law" vs. "the same law applied differently". Whether you have one law that treats different groups of people differently or whether you have different laws that apply to different groups, the end result is the same.... treating an individual differently based on the group to which he belongs. The word for that is discrimination, a concept that our supreme court has struck down time and again. However, for some reason I can't understand, discrimination is perfectly legal in our imigration policy.

It's not a matter of liking or disliking, wanting or not wanting. It's a matter of right and wrong, just and unjust. Basing the benefits an individual receives on the group to which he belongs is wrong and unjust. For example, I find it unconsionable that someone from the Philippines would require a sponsor in order to immigrate when someone from Cuba doesn't.

That being said, I certainly wouldn't argue the fact that if you pick 100 random people off the street in France or Germany, put them on a plane and fly them to the US and you do the same thing with 100 random people from the Philippines or South Africa, a far higher percentage of the people in the second group would say "I want to stay".

I can't tell you what the solution is. That is far beyond me. But, I can tell you that the solution is NOT to assume that a US citizen or LPR is attempting to commit immigration fraud by requesting a visa for someone he loves. That goes back to another little concept we have in this country, innocent until proven guilty. The burden of proof should not be mine.

They don't need or want to see 250 emails or IM's. They want to see evidence of continued communication. Printing out two or three emails a month should be plenty. I did like the suggestion from earlier about also printing a LIST of all the emails and IM's. Include copies of phone records. If you've been sending money on a regular basis, include copies of the western union receipts. Copies of cards you may have sent her for her birthday, valentines, aniversary, christmas and so on. Photos of the two of you together. Anything you can think of that will establish an ongoing relationship. You don't need 250 emails or IM's to do that, just a sampling.

Good luck.

Wouldn't money transfers make them curious or cautious about the whole "mail order bride" or "green card scam" scenarios? Would depend on the amounts, I guess...

Most fraud cases result in the USC being defrauded so, sending money abroad usually isn't a positive piece of evidence. Even when positive, there is usually far more compelling evidence than money transfers.

I am using a paid service to guide us through the K-1 process. I have been replying on their advice throughout this ridiculous maze we all have to go through. This service helps about 2000 couples per year get their visas. They've been doing this for 20 years and I trust their advice. The vast majority of their clients have Philippine fiancees or spouses and my fiancee is Filipina.

The advice that they gave me was to include the western union receipts. We are not at all short of other evidence. This is just one more piece to establish an ongoing relationship.

Just a quick question, my mother is a registered notarizer. Would the consulate look at it strangely if she was the one who notarized my Affidavit of Support? Thanks in advance!

I don't know what the notary law says about notarizing for immediate realtives. I know that if I was a notary I could not notarize anything for myself or my wife. I don't know if that extends to parents, children or siblings. A cousin, aunt or so on would be fine.

If you mother is a notary, she is required to have a current notary handbook. The answer would be in that book.

I've seen others say to send in copies of all pages of the passport too. I just provided copies of the photo page and the entry departure page showing the visit. USCIS never mentioned the lack of the rest of the pages. The NVC never mentioned it. Our embassy interview is in just under two weeks. I'm confident the embassy won't mention it either.

If you are using passport instead of birth certificate to prove the petitioner is a USC, the instructions for the I129F specifically say to include copies of all pages, I think even including the cover. For entry stamps to prove you have met, they only ask for the ID page and the relevant entry stamps. We also did what you did.

Songbird, thank you very much for the clarifcation. I didn't realize that.

My wife and I got married in June of this year. I submitted the I-130 Spouse Visa form in July and the I-29F form in September. The only unfair thing is that I'm an American citizen. We just shouldn't have to wait this long for us to be together. Also the paperwork is just too much and unnecessary. We had to submit our pictures of marriage and other occasions just to prove we are married. We really miss each other. More than 5 months have gone by. I'm sure many of you are in the similar situation. If any of you have any ideas please let us know.

Thanks.

There are lots of ideas here about passing the time.

Unfair as compared to what? Unpleasant I get.

Unfair as in we try to follow the rules but the rules don't apply equally to everyone. A Cuban who arrived illegally is LEGAL as soon as he sets one foot on US soil. An illegal Mexican gets sent home. Europeans can get a US travel visa very easily and quickly. The US doesn't require a visa at all from some countries, but, it's almost impossible for a Filipino to get one. A Cuban doesn't need to know anyone here, doesn't need any money, doesn't need to be able to support himself, doesn't need to be able to prove who he is, doesn't need a petitioner and doesn't need to have anyone promise to support him for a minimum of 10 years.

I fell in love with a Filipina and the US government has kept us apart for 8 months now and counting. If she wasn't from a "third world country" we would have been together and married months ago. I just had to spend $100 to send an inch thick packet to the Philippines just to PROVE that I love my fiancee and can support her.

The law should apply equally to everyone or it shouldn't apply at all.

I wish I could remember Martin Luther King Jr's quote that said something like, it's our responsibility to obey just laws and disobey unjust ones.

My fiancee will be joining me from the Philippines in about a month (assuming we don't run into any problems with the interview on January 3).

I know it's not going to be an easy time for her. She will be leaving behind everything that is familiar. Her support structure (family and friends) will be an entire world away. I will be all that she has here.

There are a lot of people in this forum who have already gone through this and I'm hoping you will share your experiences and offer any advice you can think of that might help to ease her transition. What problems have you run into OTHER THAN general AOS, DL, SSN and other process related things. Those have all been covered in other threads. I'm talking more about cultural issues, communication problems, finding your way around and just generally fitting into your new life here.

This topic could easily apply to a much wider audience than just Filipinos, but since my fiancee is Filipino, I was hoping for more of a Filipino perspective.

now, make sure that your early medical is at least 4 weeks before your interview date to make sure that your results will still be valid for your interview. though i know some girls who took their medical exam more than 4 weeks before their interview and i guess it went okay.

Not to be picky, but I think you meant "make sure that your early medical is at MOST 4 weeks before your interview date". If your medical exam is more than a month old, you will probably have to get another one.

Where does the limitation on travel come from?

In the case of a K-1 visa, is the limitation on travel simply a practical matter due to the fact that the K-1 is a single entry visa and if you leave without an AP, you have no way to get back into the country without a new visa, or does the immigration law say "NO TRAVEL without an AP".

If it's simply a matter of not being able to get back into the country, then I wouldn't think it would make any difference to you because a Canadian citizen doesn't need a visa of any form to enter the US and you could come and go as you choose just as you always have. If the travel limitation is due to a law, then it's a different story.

Once you're on AOS, I believe the LAW says you can't leave without an AP. In which case you would be out of luck until you can get an emergency AP.

I'm hoping that someone with more knowledge than I have can respond.

That's what I would send. Just to clarify, it has to be the "long form." That's the one that lists whatever information about your parents the county you were born in deems relevant (mine even had the name of the OB who delivered me!). I'm sure photocopies of your passport would be fine instead, but they want ALL the pages--which just adds to the bulk of your package unnecessarily.

I've seen others say to send in copies of all pages of the passport too. I just provided copies of the photo page and the entry departure page showing the visit. USCIS never mentioned the lack of the rest of the pages. The NVC never mentioned it. Our embassy interview is in just under two weeks. I'm confident the embassy won't mention it either.

I believe that providing copies of all pages is much more important for the adjustment of status once she gets here than it is for the K-1.

If you want to be absolutely sure, it certainly doesn't hurt to provide copies of all pages.

A copy of a certified birth certificate will be fine to show citizenship for the I-129F, but you're also going to need to include a copy of your passport photo page and entry/departure page to document that you made a trip to her country and that you've actually met in person. You are going to need both.

They don't need or want to see 250 emails or IM's. They want to see evidence of continued communication. Printing out two or three emails a month should be plenty. I did like the suggestion from earlier about also printing a LIST of all the emails and IM's. Include copies of phone records. If you've been sending money on a regular basis, include copies of the western union receipts. Copies of cards you may have sent her for her birthday, valentines, aniversary, christmas and so on. Photos of the two of you together. Anything you can think of that will establish an ongoing relationship. You don't need 250 emails or IM's to do that, just a sampling.

Good luck.

In short..... It's expensive.

My fiancee is in the Philippines. Between government fees, plane tickets, legal advice, monthly support, sending her to the other side of the country twice for her medical exam and interview, I've easily spent $10,000 so far. And she's not even here yet. I'll need to spend another almost $2000 for her plane ticket here.

Once she arrives, there the adjustment of status from visa to perminant resident, SSN, drivers license, marriage, significantly increased insurance (auto, health, dental... maternity coverage alone will be $700 a month).

Granted, some of these expences would exist whether my bride is domestic or "imported" but you still need to factor them in. If we get the maternity coverage, my insurance costs alone will increase by more than $1000 a month, but that would also be true if I married a local woman.

Hi all

This is confusing me! My husband, the USC, is self employed. He does not deduct a personal salary but takes money from his business accounts as he needs it. He reinvested a lot of money into his business last year and (I don't know how the accountant manages this) but his personal income form that he filed shows a negative balance. Of course USCIS looks at that bottom line and we received an RFE for proof of income. HELP! We cannot provide the suggested pay stubs or employer letter in this case! I was thinking a letter from the bank manager showing total deposits/credits from his business accounts and stating that my husband is the sole owner of the business might help. He can provide bank statements for the last year showing checks written to him personally and withdrawals he's made. I'm rambling here but I guess my question is has anyone else been in the situation and have you found something that USCIS accepted as evidence other than the standard methods? Failing all of this I think we might be able to ask my Father in law to cosponsor ( he doesn't have to live with us for that does he?) What is required of the cosponsor exactly?

Stuck

You say he is the only owner. If the business is a sole proprietership, a single member LLC or an S-corp, it's income would be reported on your husband's personal 1040. The business income would be reported on his schedule C or D (most commonly) depending on the type of business. One of the advantages of owning a business is the deductions you get to take and using expenses to offset income. The more income you offset, the less you have to pay in taxes. The problem, as you've seen, is that with no income showing on the 1040 your husband can't directly prove he qualifies as a sponsor.

If the company is a C-corp, it would file it's own tax return. The company's stocks that your husband owns will be treated as assets and it's up to him to place a reasonable dollar value on those stocks. The value he uses would be based on the income the company produces, the equity in the company and the ease with which he could sell those stocks to someone else.

I see a couple of options. File an ammended return omitting some of the deduction to which your husband would be entitled so that you can show the necessary level of income. Note that doing this will result in his having to pay federal and state taxes on the income he winds up reporting.

Another option would be to use his assets in place of income. Any asset he ownes such as a car, real estate, cash in the bank, company stocks, etc that he could reasonably sell within one year can be used in place of income. Note that he doesn't have to actually sell anything, he just has to be able to show the value of the assets he COULD sell.

Depending on your classification, he would have to show that his assets are worth 3 or 5 times the difference between the income he reported and the income he needs to show. For example, assuming it's just the two of you, he would need to show an income of just over $17,000. If he reported an income on his 1040 of $5,000, he has a shortfall of about $12,000. If he can show he has assets of 3 times $12,000 or $36,000 he should be able to use this in place of the actual income. I'm using 3x in the example. Depending on your classification, it might be 5x.

I hope this helps. Any other suggestions or comments?

Ok. I think my wife's situation is somewhat different. She has been present in CA for some time prior to filing AOS, with intent to reside here. I'm trying to figure out if CA Education Code 68071 (see below) means she is now eligible for resident fees. Has a bit of a catch-22 ring to it. I think it all hinges on their peculiar definition of "reside" which requires you can't be "precluded by the Immigration and Nationality Act (8 U.S.C. 1101, et seq.) from establishing domicile in the United States."

So, maybe the question boils down to, with EAD is she precluded from establishing domicile in the US?

68071. A student who has been entirely self-supporting and actually present in California for more than one year immediately preceding the residence determination date, with the intention of acquiring a residence therein, shall be entitled to resident classification until he or she has resided in the state the minimum time necessary to become a resident.

Then what Sarah and Hicham (sp?) is saying would be in line with that ... green card application date would be the date you show intent to reside in CA. Not sure if you could find a way around it, it just makes what Sarah and Hicham is saying make sense.

And it has to be a year from establishing intent to reside - like I had to have my FL driver's license for a year to get in state tuition.

California could view it as, before filing for the green card, she has no way to show intention of residing there. Sucky rules, but entirely possible.

I'm no legal expert, but I would interpret this differently.

I don't know if she has been self supporting, but the rest would seem to apply. She has been "actually present in California for more than one year immediately preceding the residence determination date". When she first stepped off the plane in California it was "with the intention of acquiring a residence therein". Therefore, she "shall be entitled to resident classification". I don't see anything that would imply the "intent" only begins when she applies for the green card.

Could I be wrong? It's been know to happen... It seems to me, though that she qualifies.

I'll be 40 in a couple weeks (USC)

She's 25.

14 years 9 months apart.

Can anyone tell me why Filipinas are the most beautiful women in the world?

I can't comment on ALL Filipinas, but MY Filipina is certainly the most beautiful woman in the world.

Muuaahhhh!!! I love you Ganda.

Hi All,

Ok... I'm gonna do the K1 without an attorney. I have looked over VJ and think I have the brain power necessary to do it.

I don't want to sound like a sissy but it sure would be nice to be able to find someone/ones who would assist me on my way. Preferably somebody who is successfully on there way with the process.

Just to email when I have doubts or minor questions.

Of course I won't hold anyone responsible for any advice :-)

VJ looks great and I want to thank all who have greeted me.

Thanks in advance for your assistance.

I'll be happy to mentor you through the process. I may be clueless, but I do work cheap.

Seriously, you've come to the right place. I did pay the money to have a service guide us through the process; however, I didn't know about VJ back then. If I'd found this place first, I wouldn't have paid for the service. There is a tremendous wealth of information on this site and lots of knowledgeable people here who have gone through and are going through the process who can answer your questions.

Good luck to you.

There are lot of people who got hit everytime in NBI because of the same names, but i don't think the NSO will be wrong because you supplied the birth date and parents name, theres no two children born to the same parents with the same name at the same time. I guess you have to deal with this at NSO personally. Its possible that your fiancee is a victim of identity theft, someone stole her birth certificate and use it for marriage.

It could also just be an error on the NSO's part. Any filing system (computerized or paper) is only as accurate as the humans entering the data. The computer program might work perfectly, but if a human puts IN the wrong data, you get the wrong data OUT.