Gra and Daniel

Her status is a K-1 visa holder and the expiry date is the day the I-94 expired. Once she files, her status changes to 'Adjustment applicant'. The non-immigrant visa number would be the number that is part of the K-1 visa.

There is no problem in filing after the I-94 expires as long as you were married within that 90 day window. Good luck on the application.

Is the nonimmigrant number the red 8 digit number under the "annotation" section?

I have a couple of issues I want to clear up before I send off my AOS package. Its actually trivial but I want to get a consensus on this. My wife was granted a K1 visa and entered the country Aug 19th. She had until Nov 20 before her visa expired. We were married on Oct 15. Her I-94 expired on Nov 17. So far so good. We married before the 90 days. So, her I-94 expired on Nov 17 and we are now preparing our AOS packet. To my knowledge, she is out of status, which is perfectly fine as long as we are married. Now that we are filling the form I-485, in part 1 - Current USCIS status and Expires On mm/dd/yyyy.

Questions: What is her status? (possibles: K1 Visa Holder, K1 Visa Holder out of status, Out of status, Adjustment Applicant, Adjustment Applicant/K1 Visa Holder)

Expires On? Date of I-94 expiration? Date of K1 visa expiration? Out of status, so no expiration? N/A?

The example form I know has "K1 Visa Holder" and expiration 90 days after entering country which leads me to believe "expires on" is I-94 expiration date. BUT, like I stated before, we are filing after expired I-94 and I am wondering if the example form holds true for expired I-94.

Another question, would my K1 wife have a Nonimmigrant Visa Number yet? If yes, where would I find it? On Visa?

Any help would be greatly appreciated. Thank you.

It won't matter what country a fiancee is arriving from when she presents her K-1 at the border to activate it. Immigration processes a lot of visa applicants coming from different flights at the same time as there will often be a variety of different flights from different locations arriving all around the same time. People are not classified as all Columbian citizens, then all Chinese citizens, etc. They aren't looking at where her ticket says she is coming from, only at her passport to verify she has a visa and is entitled to enter the US and activate her K-1 visa. Good luck!

thanks a lot.. i will be purchasing my tics soon.

My fiancee is from Brazil. She just received her K1 Visa and can now enter the U.S. My parents are Colombian and I travel to Colombia all the time. I will be going in August and I want my fiancee to join me. The thing is that I want her to go straight to the U.S with me from Colombia. So question is.. Can she enter the U.S with a K1 Fiancee Visa if it not from her native country? My gut feeling is that it will not be a problem because people travel and a visa is a visa. I just want to be 100% since I am buying these plane tickets now. Any help would be greatly appreciated.

I have a few questions regarding the I 134. I will start off with that I made $32k in 2007. In 2005 and 2006, I was part-time worker because I was a full time student. So, my 05-06 Tax Returns will be weak, but my 2007 will fully support the minimum 125% (household of 2). Ok. Good there. Year to date 2008, I have made $12k. Here is the thing. In 07 and this year, I have made 100% commision based pay. I received inconsistant pay every month, that has totaled to over 12k so far this year. Given that I will have a letter of explanation from my employer and the rest of supporting docs, how would you think that I stand being the sponsor for my fiancee? Do I look good seeing that I made barely any money in 05/06 and have been commision based since Jan. 2007? Will they just assume that I will consitantly make $4000 a month for the rest of the year or will they not like that I do not receive salary but inconsitant commision based pay? Any insite would be greatly appreciated.

This thread is under the similar topics box below... may help you.

It was started by the OP

No way to get expunged. I plead guilty in lieu of going to trial. I received a little prison time and years and years of probation. Only way to get it off record would be a Governor pardon. May be an option in future after I show all the community work I have done at local High Schools. But right now, all I want is to get a USCIS approval.

Correct, I am the US Citizen. And as per falling under the umbrella of manslaughter.... I would have to say you may have a point but at the same time, don't some types of un-premeditated murders get plead down to manslaughter thus totally seperating it from an accidental vehicular homicide resulting from a car wreck. I would have to say yes. This incident DID involved alcohol and yes, it would most definetely show up on a records check. I would have nothing to hide as it would be impossible anyway. I would have most definetely included it in my initial application but like so many things, I do not want to open up an excuse for unnessary red tape and delays. It really doesnt matter at this point, I am going on 335 days since NOA1 and I just want it to get approval at this point. Thanks for the responses... keep them coming.

Vehicular homicide is not considered manslaughter. It's considered negligent homicide. It's lower than manslaughter.

Was alcohol or controlled substances a factor, and would that fact show up on a police report?

If it involved alcohol or a controlled substance it would count towards one of the three instances. Do you have other instances, say of DUIs?

No, nothing, although during the same incident I also pleaded guilty to DUI with Serious Bodily injury resulting from the same accident. This has been the only time I have ever been in any legal trouble.

This for me, is an interesting comment as I am in a very similar position. I was charged in 2000 with vehicular manslaughter (my brother in my car) whilst visiting the US (I am non US applying for K3). I pleaded 'no-contest', was never arrested and had a probabtion period and fine. When I fill in the form I am expecting to tick 'yes'. However I have been through the visa legislation and vehicular manslaughter is not an inadmissable offence and is not deemed a crime of moral turpitude. Therefore I still plan on ticking 'yes' but will be arguing if need be that it is not grounds to deny a visa. However now I have read your thread (Gra and Daniel) I will be very interested to hear of your outcome or any further details.

All the best

I suspect the OP is the US Citizen petitioner, dealing with the IMBRA section of the I-129F petition form.

Correct, I am the US Citizen. And as per falling under the umbrella of manslaughter.... I would have to say you may have a point but at the same time, don't some types of un-premeditated murders get plead down to manslaughter thus totally seperating it from an accidental vehicular homicide resulting from a car wreck. I would have to say yes. This incident DID involved alcohol and yes, it would most definetely show up on a records check. I would have nothing to hide as it would be impossible anyway. I would have most definetely included it in my initial application but like so many things, I do not want to open up an excuse for unnessary red tape and delays. It really doesnt matter at this point, I am going on 335 days since NOA1 and I just want it to get approval at this point. Thanks for the responses... keep them coming.

I pleaded guilty to vehicular homicide (friend died in my car after accident). After reading the criminal disclosure section countless times and not being able to justify by the letter a reason to mark "yes" to their questions, I called USCIS cust. service before application submission and I asked them if I should check any part of the criminal section on the K1 application seing that this was a serious crime. They said no and I sent in the application with no check marks or explanations letters. You see, my crime was neither manslaugher or homicide (murder), it was Vehicular homicide, which was not on the application. I want to believe what the the customer rep. told me but like so many of us on this forum, they are are at the very least, hard to trust. In either case, I am sweating a little bit because I sent my application in April 2007 and I know that at this point my application has been thru and advanced security check and has finally been sent back to CSC after being sent to whatever agency it was sent to. I guess my question is, what do you good people of this forum think my final adjudication be after leaving everything blank on my application? Opinions are appreciated. Thanks.

I have been told by a CSC rep. that I am at the advanced securty check over at CSC. I am awaiting my NOA2. I was sent an RFE for a technicality on the application in October and they registered receiving back and continuing it on Nov. 5. It is Feb. 6th (91 days later) and still no response. So, now I know they are in advanced stages of a security check and I am almost sure I know why. I was convicted of Vehicular Homicide in 2004 (my best friend died in my car in a single car accident in 2002). I served 9 months in prison and I am currently on probation for a very long time. I have fulfilled everything the courts have asked of me and I am squared away with them and I back living my normal pre-accident life and trying hard to get my fiance here.

Before I started my application (April 2007), I wondered if I should check off the box where it states if I have commited the following crimes, the ones that were stated on the application, including Homicide, murder, etc. I called the USCIS and asked one of the customer support people if they would consider Vehicular Homicide actual Homicide (in my mind, I know its not even close to being the same thing but I wanted to know if they felt the same way). They told me NO so I decided not to check anything. What do you think? Vehicular Homicide was not mentioned specifically in the crimes that need to be disclosed so I did not disclose with the blessing of USCIS customer service rep. I did not send a letter of explanation thinking that I would just complicate things, now I am wondering if an adjudicator would view this as me not being forthcoming with my criminal past. In either case, do you think they will A.) do their research and see it was an accident and everything is squared away at this point, B.) send an RFE with all dispositions and accompaning docs for my case or C.) deny the app.?

Any insite will be greatly appreciated.

Thanks,

Daniel

Petitioner USC

Tampa, FL

Hi Daniel,

My fiance had a vehicular accident too last 1987 and there was one lady that died during the incident, he was sent an RFE requesting to get a clearance from the court that his case is closed and cleared. He sent back the RFE to CSC and his petition was approved after they received the document.

Cora

Thank you, I will be ready with all my dispostions and docs showing my case is closed if they send me an RFE. May I ask how long it took after he sent the doc to get the approval and also he disclosed the accident at the start of the application process? Thank you.

Hmm, I have been told my file is in security checks also (they used the terms extended review and name checks as well on the other 2 occasions i called). I have NO criminal background whatsoever. I don't even have traffic violations, nothing, nada zip!! My fiance doesn't either. I'm at the same stage, awaiting noa2.

I guess my point is that while it's possible that's why yours is being held up, there are also others (me) who are held up that have NOTHING in their past record as well.

Also, I didn't think something like that on the petitioner's part was of concern to them since you're already here. If you had a domestic abuse history I can understand why they wouldn't want you bringing someone into the country to abuse. But a car accident. Idk. Was it a drunk driving offense? Not sure if that would be an issue.

Yes, unfortunately, it was alcohol related. I feel the same way, if it wasnt a domestic abuse thing (something that would affect a potential spouse) how would my one time accident affect my K1. We will see soon enough I hope.

First of all, I'm sure there other VJers that can give you more solid information with regards to your situation, however, I would assume that they will send you an RFE for that. The petition was filed without including this information which in my humble opinion should have been added. You are not complicating a petition by being 100% honest about everything (including not so positive points) but rather by omitting information.

I would suggest to wait and, should things get more complicated, talk to a lawyer.

Anyway, good luck with the process. I hope everything will work out fine for you and your SO.

Well, not that i my intentions were not to be 100% honest, but more that my specific crime was not listed on application and there was nothing for me to check off. Where would I have added it? A additional letter of explanation? Again, this was not even suggested by the USCIS person i called before i started my app so i did not feel as if i was ommiting anything. Well, if they send me an RFE, i will be ready for it. I have all my dispostion docs ready. I really hope i do not have to retain a lawyer, God knows they have taken enough of my money already. Thanks for your response.

I have been told by a CSC rep. that I am at the advanced securty check over at CSC. I am awaiting my NOA2. I was sent an RFE for a technicality on the application in October and they registered receiving back and continuing it on Nov. 5. It is Feb. 6th (91 days later) and still no response. So, now I know they are in advanced stages of a security check and I am almost sure I know why. I was convicted of Vehicular Homicide in 2004 (my best friend died in my car in a single car accident in 2002). I served 9 months in prison and I am currently on probation for a very long time. I have fulfilled everything the courts have asked of me and I am squared away with them and I back living my normal pre-accident life and trying hard to get my fiance here.

Before I started my application (April 2007), I wondered if I should check off the box where it states if I have commited the following crimes, the ones that were stated on the application, including Homicide, murder, etc. I called the USCIS and asked one of the customer support people if they would consider Vehicular Homicide actual Homicide (in my mind, I know its not even close to being the same thing but I wanted to know if they felt the same way). They told me NO so I decided not to check anything. What do you think? Vehicular Homicide was not mentioned specifically in the crimes that need to be disclosed so I did not disclose with the blessing of USCIS customer service rep. I did not send a letter of explanation thinking that I would just complicate things, now I am wondering if an adjudicator would view this as me not being forthcoming with my criminal past. In either case, do you think they will A.) do their research and see it was an accident and everything is squared away at this point, B.) send an RFE with all dispositions and accompaning docs for my case or C.) deny the app.?

Any insite will be greatly appreciated.

Thanks,

Daniel

Petitioner USC

Tampa, FL

Wow... i wish you all good luck. I hope its better than ours. I sent package to Texas (then transferred to CSC) in April. NOA1 was May 1. Its Jan 24 and still no NOA2. Got RFE in Oct. and they received it on Nov. 5th. Soooo.. hang in there. We are.... MSN instant messanger is getting OLD really quick now. I am hoping my next trip to Brazil will be to the U.S embassy.

I received an RFE on Oct 15 for leaving space blank in name of spouces section. I left it blank thinking since i checked off single on the top that i would not have to fill in the bottom. Wrong. RFE for this. I wrote in NONE in caps (and also, next to "none"...N/A..... in retrospec i dont think this was a good idea). Anyway, my question besides the fact that i added N/A (should i worry?) is that if i only received this RFE, does this mean that this is the only thing that they will RFE me for and expect a decision or was this just a prelimanary RFE and more are to come if i have them? Also, RFE was sent that same week and CSC said they received it on Nov. 5...... its Jan 17th!!! we are going on day 72 since they received it. What the hell is taking them so long? I made an appointment at my local immigration office in Tampa and requested to talk to an officer. I talked to the officer to see if she could get status. She did not call but directly emailed them. I have not received a decision yet but i did see my file was "touched" on Jan 10. I could call them but i feat it will be futile. Any suggestions?

I am going through the same frusterating ordeal. We filed in May 07 got a notice of a missing form, sent it in, and case

processing resumed Nov 7,07. Now it is Jan 24/08 ! Still NOTHING! So I hear your pain.

Sending you positive vibes!

wow... thanks. good vibes back to you. We are are about on the same timeline. Only difference looks like you applied in Vermont and we applied to Texas then it was sent to California. I called and they said they are doing a security check on me, the petitioner. Any idea how long this takes? They also mentioned that this "should" be last step before approval. Lets hope so.....

I received an RFE on Oct 15 for leaving space blank in name of spouces section. I left it blank thinking since i checked off single on the top that i would not have to fill in the bottom. Wrong. RFE for this. I wrote in NONE in caps (and also, next to "none"...N/A..... in retrospec i dont think this was a good idea). Anyway, my question besides the fact that i added N/A (should i worry?) is that if i only received this RFE, does this mean that this is the only thing that they will RFE me for and expect a decision or was this just a prelimanary RFE and more are to come if i have them? Also, RFE was sent that same week and CSC said they received it on Nov. 5...... its Jan 17th!!! we are going on day 72 since they received it. What the hell is taking them so long? I made an appointment at my local immigration office in Tampa and requested to talk to an officer. I talked to the officer to see if she could get status. She did not call but directly emailed them. I have not received a decision yet but i did see my file was "touched" on Jan 10. I could call them but i feat it will be futile. Any suggestions?