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Theersink

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Everything posted by Theersink

  1. I would say that is feasible but again I would not wait until the last few weeks of the visa expiration. Expiration also depends on medical expiration. I'm not sure how long the medical is good for for VIetnam but if medical expires so does the visa. Just be vigilant and prepared to move your timeline if something comes up.
  2. Leave nothing to chance, I sent via courier my Original Certified Divorce Decree with the seal and ink certification on it so she has it. I didn't want to take the chance of them rejecting a printed copy from an email since it does say Original.
  3. I just want to mention that if you aren't planning on moving right away you will want to hold off on submitting everything to NVC and getting DQ (Documentary Qualified). Once you do that they will schedule your interview and you are kind of at a point of no return. A visa issued is only good for so long, IIRC it is the date of the medical exam expiration. So Vietnam embassy is about 3 months to schedule after DQ, roughly 2 month notice on the interview. So IF you were DQ in OCT you would likely get the visa in about 4-6 months. You do not want to try and enter with only a day or two left on the VIsa expiration. I would not DQ at NVC until you are 100% ready to move. You do not want your medical and visa expiring. That opens up a whole lot of trouble and stress. You can delay at NVC indefinitely as long as you contact them once a year. Again, just some more info in case you were not aware.
  4. Current income doesn't matter then unless the petitioner is continuing employment with the same company they currently work for. Doesn't matter if they intend to find something in the same field of work. For immigration purposes the petitioner's income is $0. Unless a job is secured through a US based company prior to the interview you will need a joint sponsor showing 125% of poverty level. You will not be able to use semantics of continuing field of work but not the same company on the consulate officer. They will want to see income earned when you arrive in the US, not what you have now. So basically your choices are either have a joint sponsor or the petitioner can come to the US before the beneficiary, secure a job and use that income for the AOS.
  5. It is most likely due to the sponsor not being domiciled in the US. You can't use your current income from a non US job or any job if you have no domicile in the US. In addition to the Job requirement the sponsor will have to show intent of domicile at time of interview. You stated it will likely be a year before you are ready, I would start planning these things out now. Even with a joint sponsor I think you have to show intent to domicile. See this page for the FAQ on I-864. https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-1-submit-a-petition/i-864-affidavit-faqs.html#aos22 Hopefully user pushbrk will pop in and give us his seemingly unending wisdom on the subject. When he does pay attention.
  6. NVC Case Creation and Review times Here: https://travel.state.gov/content/travel/en/us-visas/immigrate/nvc-timeframes.html If you are DQ (Documentarily Qualified) you can see here the current month they are scheduling/sending cases for interviews based on Embassy: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/iv-wait-times.html Currently the Philippines Embassy wait time is about 3 months after you are DQed.
  7. I see that you said you have already filed. Be prepared to delay this at NVC stage. As I said above you will need to get all of this in order BEFORE proceeding with your VIsa case or you could find yourself in a situation that is not ideal.
  8. There are other things to consider here. Just because you win full custody does not automatically mean that the child can immigrate. I would do a lot of research on Vietnam custody laws. Many countries have provisions that will grant custody but will not allow the child to immigrate to another country. You need a lawyer that has experience explicitly in this situation. As far as I can tell VIetnam is Best Interest of the Child country and that can be a long, messy and expensive fight that ultimately may not end up in your favor. https://www.usa.gov/travel-documents-children has a little information on children traveling internationally. having a valid passport and visa is only part of what is required. I would wait until the custody is decided and these details worked out before even filing anything.
  9. My wife just changed her name on her passport. She wasn't asked about CFO. Submitted ROM and that was it. My wife said it was painless.
  10. I have been twice in 2 years about 16 days each and rented a car both times. Driving there is not for everyone, it depends on your own ability. I have driven a semi and a cab here in the US at different times in the past. I can say that the rumors and such about people who will purposely try to involve you in an accident are i think personally a myth and fear mongering. Yes there are aggressive drivers but not outright mean or devious. Police are very nice and understanding too. Never had issues with them. Hardest part of driving there is parking or if you are going to be out in the rural provinces as the roads out there and maps to get around can be iffy. As far as hiring a driver be careful with that as well. Most rental agencies can get you a driver but if you go out of the local area you will pay for their room and meals every day. In addition, generally you are paying for x amount of hours per day during certain times of the day, anything outside this will be extra. I personally did not want to pay 35000 pesos for the car and another 20 to 25k for the driver and be limited in where and when I could use them without having to keep track of "extra" costs. Those in my opinion are what gets you, the unmentioned extra charges after the fact. If you do hire a driver ensure ALL the terms are specified prior to commitment so you don't end up surprised by the extras.
  11. They must really be in chaos over there in SF with the new administration. Ours took 6 months, submitted Feb of last year and Jenny was able to get the ROM and change her name on her passport ect back in Oct of 2024. We never had to ask for transmittal details. At first PSA could not find the info but I had given the stamped documents to her with the receipt of payment I received back from SF consulate and PSA was able to sort it out. Suggestion is to have her go in to the office rather than by phone or online. The PSA lady told her that usually PSA just has to call the consulate and can get the details or the ROM. Seems to be a bit better experience in person.
  12. Due to a signature issue, my step daughter's NOA1 was approx 2 months behind my wifes. Hers was sent to NVC about a week ago (rec March 17th 2024), the other is still awaiting NOA2 (rec May 2nd 2024). Should I wait for my step daughter's case to catch up to my wife's before proceeding with NVC steps? Can I call or email them after NVC receives both and have them processed at the same time or are we going to have to deal with the 2 month gap until completion? Any guidance on this situation would be greatly appreciated.
  13. This is true but OP has not specified if or when a visit is planned. There are alot of holes in the information as others have stated. The means to do something often outweighs the ability. This ultimately was the point I was trying to make. It will cost the OP likely a substantial sum of money in addition to the 130 filing. My impression was it sound almost like OP was rushing for a solution quickly. My point was that is not going to happen and needs to be planned, especially with OPs situation. Good point. I would agree. I withdraw my previous recommendation of waiting on asylum.
  14. All of this is moot if the OP has not or cannot physically visit after the marriage. The 130 can't even be filed without solid evidence of relationship and there is the requirement of consummation. At a minimum OP would need at least one visit after the marriage. Being as the OP's wife is from a banned country I seriously doubt they would get an approval without proof of substantial time spent together. The visits could possibly come during the waiting period for processing but most here would not recommend that as it risks denial of the 130 or an RFE that would slow everything down. OP this is not a process you can "shoot from the hip" on, it requires a lot of planning and patience. You do not want to rush anything or it will be a painful process for both of you. My recommendation would be to wait and see if the UK Asylum claim works out and then file. You could get married via online and then use the time for the asylum claim to visit and build evidence of the relationship. Her living in the UK would likely make it easier for that as well. After you have a minimum of 2 visits of at least 2 weeks and solid evidence file the 130. Good luck to you sir.
  15. You need to check the reciprocity list. It will tell you how to get them for each country if it is available. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html
  16. Asset seems to draw more scrutiny lately, be prepared to show ample liquid assets. Current income is king, they don't care how long you worked before so currently you either need to show ample assets and be prepared for some haggling, (it seems some have had issues recently with asset only) or current employment showing adequate income. Wording here is key, you must show 3x the difference between income and requirements. So if you make 16k a year you have to show assets of at least 30k, 10k shortfall x3. However, visa issuance is at the sole discretion of the consular officer. I would advise to show much more than the 3x so it becomes harder to question it. The public charge issue is a big one for the current administration. You mentioned selling your house in the US (You cannot use this as an asset until it is sold), if this is your only residence then it will bring up another issue of domicile. You will need to show where you plan to live in the US once the visa is approved.
  17. Well it may be because it was signed by the beneficiary as the preparer. Not a simple signed in the wrong spot or forgot to sign. On ours we neglected to sign the portion for my step daughter, they just rejected it without cashing the check. We signed it properly and resubmitted. Thankfully we only lost about 20 days. Wife was just approved and sent to NVC but now we are waiting for step daughters to catch up. After reading the section it appears that preparer is probably the one spot if signed by mistake cannot have a exception or correction for good cause. Chapter 5 - Interpreters and Preparers If an interpreter assists the benefit requestor in reading the instructions and questions on a benefit request, the interpreter must provide his or her contact information, sign, and date the benefit request in the section indicated. If a preparer assists the benefit requestor in completing his or her benefit request, the preparer and any other person who assisted in completing the benefit request must provide their contact information, sign, and date the benefit request in the section indicated. If the person who helped interpret or prepare the benefit request is an attorney or accredited representative, he or she must determine if the level of involvement and rules of professional responsibility require him or her to submit a signed and completed Notice of Entry of Appearance as Attorney or Accredited Representative (Form G-28) with the benefit request. If the person intends to represent the benefit requestor before USCIS, he or she must submit a completed Form G-28. The attorney or accredited representative of the benefit requestor cannot serve as an interpreter during the interview.[1] Footnote [^ 1] Officers cannot make exceptions for good cause.
  18. FAQ of Korean Air: Probably the biggest issue they will have with it is it is an unsecured large item. Turbulence starts bouncing the plane around and it could end up somewhere other than the place it is supposed to be or if someone in your aisle needs to get out the floor is obstructed. Just FYI, any area without a bulkhead or a seat in front of it is considered an aisle. That looks like a 787 so where that seat is you are going to have the middle galley area. Those areas on the 787 are intentionally wider but it is still considered aisle area and anything blocking that would not be allowed. If this is a necessity I'd recommend one of the seats with the bulkhead in front of it although those seats are usually reserved for families with infants so they can use the bassinets. Worst case it being inflatable, bring it, ask. If they say no well then there you go.
  19. Go to your documents tab. Mine was the same way but the approval was uploaded there. Although the main page did say it was being actively reviewed. Likely you'll see something soon if it hasn't been updated yet.
  20. I would suggest making PDF scans of the actual documents too for anything you have hard paper copies of. In addition, most hotels and Airbnbs will give you a checkout receipt showing everything was paid for and put it side by side with the charge from the bank or CC statement. This shows you actually stayed there and not just a reservation confirmation. If the hotel had a restaurant include a receipt or charge from that. Use anything that establishes presence, we used some flyers from attractions we had visited along with pictures from those attractions. We basically established a picture and document timeline in chronological order of the trip. Arrival, recreation and sightseeing, departure. Obviously ours being CR1 is slightly different due to having prove a marriage is legitimate but the premise is the same. Think of USCIS as a 5 year old and you are answering questions related to your visit. Sounds funny I know but many will agree here I bet.
  21. Just received notice that the I-130 was approved 5/24 and sent to NVC! 14m 12d after submission. If y'all filed in March it's coming. 😁👋
  22. Mar 13th 2024 filer here. Looks like they are finishing up Dec 2023 and starting on Jan 2024 backlog. They flew through Dec so hopefully we only have a couple more months to start seeing decisions. 👋
  23. They are currently finishing up Dec 2023 and starting on Jan 2024 backlog according to the casestatusext site I monitor so I would imagine you should see a decision shortly. We are Mar 2024 so still a couple months away for us.
  24. The visa is valid for 6 months from issuance, not receipt OR expiration of the medical. US Spouse must enter before or at the same time as the foreign spouse. So December likely no. I would enter well within the timeframe, at least a week or 2 before it expires. Don't give the immigration officers anything to question.
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