W199

Yes, I understood very well. It was a beautiful letter as far as a letter about your nephew goes. But I was giving some suggestions to try to help with the interview. Given what you said, perhaps that is how he should start the letter "my nephew has social anxiety, therefore, I want to give this brief letter of support .. ... and clean it up and articulate it better .. its very important .. In fact, you might want to get one of those former visa officer coaches to help you craft the letter better ... After all, I can tell from the letter that you really do care whether he gets the visa or not, and would really benefit from it .. therefore, you should do everything you can to make it optimal ...

You should use a travel insurance comparison site such as Squaremouth and similar sites. It will help you get a good idea of the difference coverages you can get, especially for medical. That's how I got it for my fiancee. By the way, can you please list the interview questions that your in-iaw got for her B2 interview. Was this for an older in-law that is already retired, married, kids,??

Just to cut to the point and be straight (Sorry, I'm not trying to be rude), your letter has at least 10 I's, and you even talk about your mother. There is no way a visa officer is going to read all that, let alone care. The interview is for your nephew not you. Maybe a simple 3 sentence supporting document stating your job, finances, and that you will support him might be able to cleverly snuck in, but unlikely even that. The visa officer interviews hundreds a day, he knows exactly what he wants to ask and what info he wants based on the DS160, their research database, etc... Sometimes, even with the perfect answers people don't qualify for various reason and guidelines that the visa officers use. They know how to drill in to exactly what info they want .. and they want to hear it from your nephew, not a letter from you. .. It just doesn't work that way. To give him this best chance, what you need to do is practice with him on how to articulate in very brief on-point answers to give the officer the information he needs and to be slightly creative to sneak in some info that will be useful. But they hate it when you give extra information unrelated to the pinpoint question they ask, so be careful. They are going to ask him where he will go, who does he know in the usa, etc... .. he must answer the absolute truth, yet portray what you want, while being extremely brief, 1 to 2 sentences. The visa officers have seen it all, and see it over and over again every day, so he will need to be able to articulate his plans in a way that the officer can understand and believe with very short replies. If something looks off or doesn't make sense to the officer, whether it is true or not, he won't get the visa. Preparing him for this 1-3 minute interview will be your best bet. Good Luck

Because you asked how to deal with it, and the fact is you need to change your circumstances that your life is in now. Sorry if you don't like the reality, but that is where you stand. Everyone has told you that your situation makes it highly unlikely. Its obviously something you can't change in a couple of days. Unfortunately, immigration is not a fast, easy, or a fair process. If it possible, everyone would be getting visas and not being denied. Unfortunately, a very large percent are denied B2 and F1 visas. Thousands and thousands of people want to do the same as you, and they have better circumstances than you have, e.g. are not tied to USA with a spouse, have better financials and are being denied. Many if not most people are just are not eligible or qualify for a visa. That's the hard truth. Since this is free and non-legal advice, take it for what is worth. You probably should consult with a lawyer (immigration/family lawyer). Most offer free consults.

Do you have a photocopy of your original packet that you sent in? Did it have the missing form along with the signature and date? Are you saying they are missing the signature page of the application along with the signature and date, and the RFER didn't sign it? If so, I can see why they are upset. For the 2nd I-765 package that you sent it, was it an exact copy of the original package? Or did you basically redo it from scratch? I'm wondering if there was an inconsistency that made them feel that this is a fraud case. The only other explanation is they didn't process the incoming mail yet, so didn't know you send in a 2nd I-485. Do you have a receipt or cashed check proof that they received the 2nd copy?

He will need to submit the court documents showing the disposition of the case. You will need to hope that the I-129F and RFE takes longer than going to court does and being sentenced does. It probably will so don't worry. One potential risk is if USCIS doesn't send an RFE, then you could run into troubles at the consulate level. Therefore, whether he gets an RFE or not, if it was me, I'd send in the court disposition proactively to USCIS, and/or consult a lawyer if you do not get an RFE

It all affects you very strongly in a negative way. The only way to deal with it is to change your circumstances. For example, just as a start, get divorced, and then re-marry to a a local rich woman that can easily pay and support your overseas studies. Also, get a local job that you and they will benefit by you going overseas for your education, This way you will meet the financial burden for a student visa, as well as have some strong ties back to your own country, etc

That is true assuming it is simple. However not all "no fault divorces" are simple, and the simplicity highly depends on the court and the State's divorce laws. They vary a lot. Also, I think you mean "no fault and uncontested divorce, because a no fault contested divorce is complicated". But in this case, since they are both broke and married only a short time, then it could potentially be simple if they can agree and keep it uncontested. But it will also strongly depend upon their States divorce laws, rights of spouses (even if married a short time), and the negotiations that are often needed to agree to a "no fault" and uncontested, and the judge's and States laws for healthcare, transition costs, and so forth ... Remember there are affidavits of support that were filed as part of their immigration which could be fought (but not necessarily won), they didn't say if his school was in the same jurisdiction or even the same State as his spouse, and he can't even file for a divorce until he can prove jurisdiction which can potentially be tricky for a student since their domicile is not where they are living. And if they are not living in the same jurisdiction, often the judge can grant the divorce but can not settle/grant the terms of the divorce (financial, etc..) because the judge doesn't have jurisdiction of the other spouse in those ways. In Summary, if they are living in the same jurisdiction, and both agree on all matters of the divorce, and if they fill out the divorce agreements such that it complies with the laws, then yes, it can be cheap and simple. Since his usc spouse have not yet filed for a "cheap" divorce, its a sign that there are complications, and not just because he is living overseas ...

If you can't afford to get rejected then you shouldn't apply. As you've been told F1 visas are being scrutinized and difficult to get. The fact that you need a job in the USA to afford it, are not really financially stable, and show immigrant intent by previously or currently being married is going to make it very difficult to get a student visa. Also, getting divorced is going to be expensive, you might or should have a lawyer for the complex issues you will face if your spouse does not live in the same jurisdiction, ...

No, don't worry about that. It is quite normal and commonplace for couples to get engaged and do a K1 after being denied another visa. In fact, after my fiancee got denied a student visa for a Master's degree (because she had a bf in USA), , despite my original plan to retire in the Philippines. We then changed our mind 2 weeks later and did a K-1 since we didn't want to lose each other. They never even asked. It didn't affect her K-1, nor affect her tourist visa to meet in Canada while we waited for the K-1

When the embassy asks her, "How or who will you pay for the trip"? What will she answer?

You said yourself in your first post, she has a 0% chance. She is single with no job or assets, and even worse she has a USA boyfriend which ties her to USA. She would have a much better chance if she was married and can prove you retired in Thailand. Long term you will be better off and have more success with immigration if you marry now then in 2+ years when you are ready to return to usa, then do an IR1 visa. These manipulations you are trying to do are not likely to end well

Yes, you can file amended taxes. If you used Turbotax it is easy. If you didn't it could be tricky.

In my unprofessional guess, it seems to be that it is relatively simple: You got denied because you didn't submit a medical form and vaccine records. This makes sense because they ones you did send them were returned to you because of an issue with the fee you sent. Hence, the adjudicator no longer has them in their file. You relied on advice from the tier 1 USCIS representatives who don't have access to paper file to see they were returned to you. Seem like your agency didn't advise you properly too on what to do when you got them returned. You didn't say if you literally saw the medical form uploaded in your online account. I would think your appeal should focus on the issue at hand, that you did send the medical records and USCIS told you they were all set and had all the paperwork. You will need to clearly explain why you didn't re-send in the medical forms when they returned them to you. I don't think the extra words such as "as advised by the civil surgeon and Agency" are helpful .. that is just blaming others for what you should have done or known .. but that is my opinion. Personally, since your life is depending on it, you may want to consider a lawyer cleaning it up and adding some legality around it since surely there are some laws that are relevant. But since you have a very good case showing you submitted them and then were misled by USCIS that you don't need to send them in again, or perhaps USCSIS didn't see the ones in the online account (you need to check this) ... you have a solid case without a lawyer .. upto you

Maybe even also submit the job applications, not just the job offers. This shows you are searching. It sounds like the paperwork that everyone suggested will be enough. But if you really wanted to bullet proof it, it may not be a bad idea to go back to USA, and prove you are living there and looking for a job. And to actually get a job.. You want to get your life off to a good start, so its better to already be in USA, established, with a job and income before your family moves back anyways. It will be a win-win and a guaranteed visa..

Wow! That is a ripoff for an agency! And sorry, no, that is NOT the same one as I used. But it has a very similar name! Private Message me and I can give you the contact details.

I hope you took the foreign tax credit.

Yup, that's the one I use as well, and I know others have too. My case was very complicated and they handled it better than my immigration lawyer tried to. The thing that I really liked too is you can call or email them any time, all the way through the interview or even afterwards for anything especially Philippines specific topics and will dispel various myths you will hear about the Manila embassies. They know all the very subtle details of dealing with Manila that a general purpose agency that handles all Countries might not know. And even helped with issues after she arrived here such as the correct process to get the SSN .. very helpful .... When I almost got denied, got a RFE for something in my past that I forgot about, they guided me the best way to respond, which was different from how I was going to do it. In about 4 days after USCIS got my response, the K1 was approved. So needless to say I am extremely happy. Likewise they did the AOS for me, and the speed at which my Wife got her AP/EAD, and greencard was shockingly fast. At least that was my experience ...

You can do a foreign wire transfer to pay the taxes, and the IRS can mail you a refund check to your foreign address. But can't you just open an online US bank account? Also, banks like HSBC make it easy to have and open US and foreign accounts and do instant global transfers back and forth, free wire transfers, etc.. But you need a high minimum balance to avoid a monthly fee. In anycase, you should have a professional fix your situation. It sounds complex.

I am in Massachusetts too. You probably used the same agency that specializes in Filipino k1/cr1 visas that I used since I know of only one. They are very good and know what they are talking about. They do these every day and know how long the wait is. If they say 14 months, then that means the ones they did 14 months ago are now coming to the USA. But this is very dynamic. The wait for K1 or CR1 visas that are being submitted now could be longer or shorter than the ones submitted over a year ago. If I was betting, it may slow down even more with the current administration. By the way, that agency was invaluable for me. They saved me a huge amount of time, and cleared up a lot of misinformation and wrong info about various subtle issues that you will read about. They even corrected bad advice that my immigration lawyer gave me (admittedly a free benefit from work). Without the agency's help my K1 would probably been denied. But mine was a complicated. For a standard case, its not that bad if you are good at research. It was worth every penny (only $600). Its a difficult decision to apply for a K1, abstain, and risk delaying your family. Or get married, start a family while waiting for the VISA. The answer depends on very complex set of variables. Keep in mind, if you decide to get married in the Philippines that will add a lot of time beyond the 16 months they gave you, unless you do a Utah proxy wedding. The agency can explain why. if money is any issue, if you marry this year, you can file taxes jointly which will also save a huge amount of money if you have a high income and she has none.

Your 221g seems to say that you were convicted of drug trafficking under section 2C. For that, there is no waiver or appeals Unless you get a Presidential Pardon of you can overturn your conviction, there are no other options unless there are exceptional life threatening circumstances that make you eligible for humanitarian parole In short .. and in all practicality .. the answer is no ...

That is very sad and unfortunate for you and your spouse. Seems like there is no coming back from this unless you can get a lawyer to get your conviction overturned, assuming you also never admitted to the crime. Looks like your options are to get divorced and go your separate ways, or for your spouse to immigrate to Montreal. I love Montreal, I think that is a great option. Good luck and consult with some top immigration lawyers before making a decision.

Upload a redacted copy of the 221g

And for another example of public/private assistance, every State has an affordable housing program, either for renting or buying. In my area, for a family of 3, the max income to qualify for affordable housing is about $70K.

If you want to stay in the USA, then sounds like you need to wait for your husband to get work authorization and get a job. Then again you need to factor in day care, and one of you needs to get a job that has good healthcare insurance. With your husband unable to work, I don't see how your mother coming over is going to help. Seems like it will just be an expense. There may be different kinds of public and private assistance that you may be eligible for, you will need to research that, for example "food stamps/SNAP". You should research and investigate all of that and create a budge. Maybe you need a financial advisor to help create a budget and financial plan. In the end you need a budget and plan that won't bankrupt you. You need to work out the numbers, Remember, if you move back to Peru, as an American citizen you still need to pay taxes on any income you earn worldwide.