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Everything posted by rbv_shard
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K1 Visa - Petitioner Filing with Criminal History
rbv_shard replied to 2welve's topic in IMBRA Special Topics
Expensive as the K-1 visa typically is, the travel they're doing (Qatar to Manila and US to Manila) are equally expensive. Not sure why they would do that, vs meeting in Qatar. Doha is a major hub with lots of flights from many US cities. In their situation, lawyers will be needed and everything will be much more expensive. Now, I wholeheartedly agree with testing the relationship in person with multiple visits. Given the type of The I-129F doesn't care about driving infractions like exceeding the speed limit a moderate amount or failure to wear seatbelt. Those don't result in arrests or criminal record. License suspension is crossing the line into having to be reported, but won't stop the process. I believe the same for DUI, negligence while driving, obstruction. The others range from causing major problems to making him completely ineligible. He's got more than one from the "K-1 visa is not possible, CR-1 will be very difficult" list, if any of them are convictions. Even arrests for those things, followed by charges dropped/reduced, would slow down the process substantially. You should really think very carefully before proceeding. It is not only a question of whether you trust him (which is extremely important and you don't know him well enough yet to answer) but whether society will ever trust him. Would he even be allowed to visit you in the city where you work, or would Qatar turn him away? I hope he finds redemption and you find happiness. Don't be blind to the warning signs though. Final note: the process starts with a petition mailed to Texas. You can assemble the packet for him, which won't involve much computer work, but it's good that you see and make a copy of every document. If by a miracle his petition is accepted and things advance to your interview (either K-1 or CR-1), you'll be asked many many questions about his past. Both at the US embassy and CFO. -
K1 Visa - Petitioner Filing with Criminal History
rbv_shard replied to 2welve's topic in IMBRA Special Topics
Section 3 and Section 5 both should be held back for later in the process, not the I-129F petition stage. Petitioner's passport bio page isn't right either -- it's not needed if you rely on birth certificate for proof of citizenship, and if you are using the passport, it's a color copy of the entire book, not just the bio page. I agree with others that 30 cases is a lot. And 2020 is not ancient history, it's within the timeframe for providing residence and employment details. Make sure you have the list of what offenses fall under Adam Walsh Act and compare against his past. Ditto for the list in Form I-129F Part 3 -
The processing times page says those with NOA2 of Sept 22nd are now going through the NVC receive data entry, so your notice may already be on its way to you. If you don't have it in a few more days, use the NVC "Public Inquiry" and ask for your case number. Also provide email and phone numbers for both parties so they can add that to your case and contact you more quickly for future notices. https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html Our NOA2 date was Oct 3rd, couple weeks after you, and we don't have the "Sent to DOS" status yet, still just showing "Approved, I-797 sent" for us. Hoping you get through intake and NVC processing and your packet on its way to the embassy soon.
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Look at Step 3 here:
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My fathers middle name on my Birth certificate is misspelled
rbv_shard replied to claire mae's topic in Philippines
It would be really helpful to know the process of getting PSA documents corrected, because the state of official documents in Philippines is such that there are errors of various degrees and many future immigrants will need to know that same process. Including my fiancee. She's currently planning to start with the municipal civil registrar but there's a lot of guesswork involved. Hearing someone's actual experience would be invaluable. Did you need a formal request? Did they provide the form or did you have to prepare a letter? Did they need two supporting documents as suggested by Republic Act 9048? -
My fathers middle name on my Birth certificate is misspelled
rbv_shard replied to claire mae's topic in Philippines
So sorry you were delayed two months over a single letter typo and a staff member who did not understand that the purpose of names is to identify a person, and both spelling variations obviously do identify the same person. -
My fathers middle name on my Birth certificate is misspelled
rbv_shard replied to claire mae's topic in Philippines
OP is going through Manila consulate. Agree that the American consular officers likely would not consider the spelling mismatch to be a problem, but everything I've heard about the local support staff is that it attracts tin-pot dictators who routinely exceed their authority and won't let the actual decision-maker make the decision, preferring to send the applicant home with no interview. My fiancee is about to start the process of getting several non-material corrections made to birth certificate and certificate of parents' marriage. (Example: her parents' marriage certificate has the bride listed as one year older than she actually was. Example 2: her birth certificate has a note about her parents' marriage and lists the wrong book number where that record can be found.) We received our NOA2 last month and are going to try to make the paperwork absolutely perfect to leave no room for complaints during document check. -
My fathers middle name on my Birth certificate is misspelled
rbv_shard replied to claire mae's topic in Philippines
Advisory on Marriage -- it's a document peculiar to the Philippines, a national record of the marriage (certifying that a marriage certificate exists in the local registry). -
Seasonal Construction UI + Manila Embassy
rbv_shard replied to 17damfle's topic in K-1 Fiance(e) Visa Process & Procedures
If you are returning to the same employer, try to get your employment letter to say that you've been employed since (first year you worked for that company), working seasonally Mar-Dec. And not "(re)hired March of (the current year)". Both are factually correct but one shows much more stability. -
Confused on how to make fiance's appointment.
rbv_shard replied to Tim and Almy's topic in Philippines
There is no category for K or IR, but there is a category "Other visa". Can you proceed if you select that? You might also need to go back a step and select "Immigrant Visa". Even though the K-1 is classified as a non-immigrant visa, it uses the procedures (including interview) of the immigrant visas. -
K-1 Visa Income Question
rbv_shard replied to USCharles's topic in K-1 Fiance(e) Visa Process & Procedures
The last tax return (or transcript) filed is the supporting documentation, but you also have to swear to your current income on Form I-134. If you pretend everything's still the same as what the tax return shows, it is a "fraudulent representation to obtain an immigration benefit" with possible consequences of jail time for you and deportation for your fiancee/wife. So you absolutely must tell the truth. -
RFE For Proof of Citizenship (Passport)
rbv_shard replied to mythlin's topic in K-1 Fiance(e) Visa Process & Procedures
I would not skip any pages, even if blank. It costs almost nothing to make color copies of a few additional pages. I can say that when I scanned them, I cropped the PDF down to the passport paper size (instead of letter/A4/whatever), then when printing, 2 scans (each of two facing passport pages) fit on each page of paper. And they accepted that just fine, we got the NOA2. But again, that was in the original submission, not RFE. For RFE you want to send everything that might possibly be included in their request because that is your second chance to do it right, and you won't get another chance (short of starting over). I can't find where I read it, but I do remember seeing not to include any original documents in the I-129F submission because nothing gets returned, but documents requested during RFE will be returned. So it is possible for them to request originals / actual passports / etc. -
RFE For Proof of Citizenship (Passport)
rbv_shard replied to mythlin's topic in K-1 Fiance(e) Visa Process & Procedures
It is definitely NOT a scan/picture/copy of just the information page, but the entire passport. When they want just the biographical page, they say that. VJ makes "ALL PAGES" quite clear, see bullet 8 at https://www.visajourney.com/guides/k1-fiance-visa/ But the official instructions also say "A copy of your unexpired U.S. passport", not just the biographical page, see "Required Initial Evidence" at https://www.uscis.gov/i-129f However, you've been RFE'd, and the RFE doesn't say "copy". The only way their request makes sense to me is if whatever you sent the first time doesn't match the official government records (for at least one of you), and they want to see and authenticate the actual physical passport book. -
RFE For Proof of Citizenship (Passport)
rbv_shard replied to mythlin's topic in K-1 Fiance(e) Visa Process & Procedures
Being literal is usually a good thing, but in this case it says to submit the passport. Literally, that would be both actual passports. For my I-129F I sent a complete photocopy of my passport, all pages, in color. And that was as the proof of citizenship (and proof of travel). But wanting the actual passport is quite unusual. -
It's not clear whether you are asking about birth certificate for petitioner or beneficiary. Certified birth certificate of beneficiary must be taken to the interview. Certified birth certificate of petitioner is one of several options for proof of citizenship. In the usual case (petitioner traveled to beneficiary's country) you would prefer to have petitioner's passport copy instead since it satisfies multiple purposes.
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You'll have at least a few months between NOA2 (the notice when they accept your Form I-129F application) and the medical test. Right now it's something like 2 months before it reaches the NVC, 1 month of processing at the NVC, then it quickly reaches the local embassy so you can file the DS-160, schedule the medical exam and interview. The latest timelines are shown here: But it would be safest to quit right away, in case of any withdrawal symptoms or relapse. Consider changing to some legal sleep aid like melatonin.
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I see that "fiance vs spouse" visa comparison all the time and pretty sure this one of the differences was "129F petition for K-1 cannot be delayed"
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I don't see anything in your question that should have a Philippines-specific answer. Maybe the part about whether teenagers should be at the interview. Probably would have gotten more attention if it hadn't been moved here to the Regional forums. Regarding entry logistics, I've seen overwhelming mentions on other sites that you'll be able to go through immigration and customs as a family if you arrived on the same flight, using either the lines for US residents or other passport holders. Just don't try to use a Global Entry line.
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Questions about I-134
rbv_shard replied to Turquoise's topic in K-1 Fiance(e) Visa Process & Procedures
Ordinarily, using those terms would be no big deal. Having multiple government offices paying really close attention to any and all evidence of marriage eligibility is not "ordinary". But it is a fact of life for K-1 filers. -
How fresh does the date on the FBI background check have to be for CFO? $50 isn't much compared to the entire process, but if I can save that by planning ahead and sending the fingerprints on a paper card, might as well. Just don't want planning ahead to turn into "this report is too old, get a new one".
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Questions about I-134
rbv_shard replied to Turquoise's topic in K-1 Fiance(e) Visa Process & Procedures
Be very careful not to describe the relationship on any paperwork as "mother-in-law" / "daughter-in-law". You aren't married yet. Being married would make you ineligible for a K-1 fiance visa. The marriage has to take place in the USA after entering using the K-1 visa. Use "fiance's mother" and "son's fiancee" (corrected for gender as needed)
