maztec

Hi everybody!!

I wanted to tell you how is my process...do you remember the last time that i wrote talking about the BIG BIG MISTAKE (JUNE 6th)

“I am feeling so sad today …I received the mail today with my VISA CR-1…I was so excited but when I opened my passport…I wanted to cry!!!!!...a big mistake in my visa…they wrote that I am from Jamaica and a I am a man!!!!!!!!!!!!!!!!!!!.....I am Colombian and I am a woman!!!!! Oh my god!!!!!!....I went to the Embassy immediately and I couldn’t go inside because the security men told me that I can’t go in because I don’t have any appointment for today!!!!!!....I called to the Embassy too and nobody has any solution….I was going to travel on June 19th …What Can I do now????...Somebody has any suggestion????....Somebody has been in my situation???....Please…tell me anything….I am feeling so sad!!!!!...thanks”

So...I went to the Embassy the last Monday...I left my passport and they told me that they were going to fix it immediately so they were to call me in the afternoon and I was going to have my Visa CR-1 in my hands the same day…I AM STILL WAITING FOR THEIR CALL...we have called every single day...they always promise me that the next day is going to be ready...and nothing!!!!....today is Thursday and nobody try to help me...I am feeling really mad...i feel like they are playing with me, they are very irresponsible!!!!!!...my parents in law want to write their Congressman …I am not sure if that can help me or not………what do you think???...what should I do now???

CASHEL

Consulates/Embassies do ####### like this all of the time. Have your parents contact their senators and their local representative - they can often harass the consulates and get somewhere. It also shows you have citizens behind you. Consulates hate and don't care about immigrants - but when a Senator calls, they jump [sometimes].

Ok, we had our interview today and were approved. Yeah!!

However, we asked for the I-551 stamp but the IO said that IOs don't stamp anymore - "that's downstairs" - referring to the InfoPass people. I asked the InfoPass person after our interview and she said that we need the approval letter/notice and she would stamp the Passport with the I-551.

I called the IO later that day and she said she would mail the approval letter the same day. We don't want to wait for the GC to show up because that could be 3 weeks or more and we need to travel outside the US ASAP. We need the stamp.

Question: Has anyone ever taken their AOS Approval Notice to an INFOPASS appointment and had their passport stamped with the I-551? Is it really that easy?

Any help is much appreciated.

Thanks.

It is easy if you can show a need for it. You should have the approval letter within three weeks. Just indicate you need to travel, immediately, and they should stamp it. Sometimes they will not because "your GC shoudl arrive soon, chill your heals."

HELLO THERE GUYS CAN YOU PLEASE HELP ME...

IM UNEMPLOYED SINCE 2004 DUE OF ME STAYING HERE IN THE PHILIPPINES.. I WENT BACK TO CALIFORNIA LAST YEAR SEPT 2007 AND I FILED i-130 PETITION FOR MY HUSBAND AFTER 4 MONTHS I WENT BACK TO THE PHILIPPINES AGAIN.

BASICALLY, I DONT HAVE INCOME.. MY SISTER IS WILLING TO BE MY CO SPONSOR AND MAKING $60K YEARLY,,,,

I FILED MY LAST TAX RETURN YEAR 2005. PLEASE HELP ME . DO I HAVE TO WRITE A LETTER WHY AM I UNEMPLOYED FOR 3 YEARS? ANYBODY OUT THERE HAVE A SAMPLE LETTER ?THANK U SO MUCH

First, do not write your letter in all capital letters. Immigration really does not appreciate it.

Second, call IRS and request a tax transcript from them - showing that you have not filed taxes for the last few years and to their knowledge did not need to. This is easy to get and they can and will fax it to you.

Third, write the letter, keep it short, and tell the truth: "Dear Immigration Officer: I have been living abroad with my husband for several years. I have not worked during this time and therefore it has been unnecessary for me to file taxes. My sister has agreed to be the co-sponsor for my husband. Her I-864 is enclosed. Sincerely, [person who does not write in all capital letters]."

Tada!

GOOD LUCK!

thanks for your kind words..its not a matter of revenge , its a matter of legal status, i dont want to her to become citizen and bring her family because of me, i dont..thanks again for your knd words, my baby is my life...

Forget about it and don't be an ###. Do you really want your kid to be deported, with your wife, to wherever she is from? That is possible and has happened.

Sure, she used you - then again, maybe she didn't. If she had a kid with you, it's possible she wasn't using you. Maybe this attitude of yours now, is a reflection of things you said or did or had an attitude about during the relationship - which led her to hook up with an old flame? Why wouldn't she have married the old flame instead? Unless the old flame was an LPR, but even then she could have waited.

It just is not worth it, to either of you.

Not to mention, she is a woman, no matter what she does all she has to do is scream VAWA. Once she does that, she could quite likely get your visitation privileges of your child taken away. Do you really want that to happen? She has a trump card, your child, if you want your child - you don't want her to claim you have abused her and claim VAWA. If you don't mind the risk of losing the child, you can become Federal Evidence against her Naturalization Petition.

She does not need your signature for the Naturalization Petition. She needs nothing from you for it.

The only thing you could do is write a letter, containing all evidence - including her A# and other documents, to CIS to be included with her file - and inform them that you have discovered that, even though you loved her and married her with the intent of having a bona fide marriage, she did not love you and did not have that intent. That she was using you to gain immigration status, bring her family, and move on. Even then, that sounds flimsy. You would have to have some pretty damning evidence to show that. And then, all she has to say is, "I said that out of anger, because he is an #######." Claim VAWA if they try to take your petition away, and you're screwed.

Forget about it.

i read I-130 and G-325a. There nothing difficult in it.

I agree but you'd be amazed and just how many people have great difficulty filling them out properly.

YAP! Speaks the truth, so many delays due to improper filings. But you will be fine. Take it step by step and stay on the forum, we will gladly help you. I filed the I-130 after marriage.

An attorney I know makes all of his money by handling cases that people have filed on their own - and messed up. He charges a premium, far more than he would have charged if they had came to him before messing up the file. If it isn't there mistake, he charges less. But, most of the time? It is your own damned fault. Little mistakes can hang you.

For example - moving and then filing a Naturalization Petition in less than 3 months after moving. You may as well ditch the petition and refile, it's just not worth fighting - but it can be fought. What's worse is when you move, but CIS doesn't believe you on the date you said you moved - so thinks it fell in that 3 month window . . . then you refile, and they use the first denial as basis for a second denial because they still dont' believe you have moved... So you finally get an attorney, just to find out . . . oh darn, you shouldn't have filed so soon or you should have established the dates better...

People make stupid mistakes. Attorneys make really stupid mistakes - but you can sue them for it if you can prove it.

First of all there is NO hurry to mail it as it doesn't matter if your I-94 expires unless you are K3.

Except for the fact that once your I-94 expires you are removable, until your petition is filed and pending, and can no longer apply for a Travel Document (I-131).

Even if you are a K3 it does not matter. It is the K1's that have a problem - but that is curable also.

If you want to travel before your Adjustment of Status is completed [which if CIS does anything weird could take up to two years] then you should file in a timely manner and request a travel document.

I have a question about the affidavit of support. Is there a standard form for this? How do we get this done?

Regards

mara

First of all there is NO hurry to mail it as it doesn't matter if your I-94 expires unless you are K3.

Except for the fact that once your I-94 expires you are removable, until your petition is filed and pending, and can no longer apply for a Travel Document (I-131).

Even if you are a K3 it does not matter. It is the K1's that have a problem - but that is curable also.

If you want to travel before your Adjustment of Status is completed [which if CIS does anything weird could take up to two years] then you should file in a timely manner and request a travel document.

Hi Maztec,

thanks a lot for answering all my inquiries..youre such an angel.

I am not sure on how we get the affidavit of support. Is there a standard form for this? Where can we get this form?

regards,

mara

If you are filing Adjustment while in the Untied States, file Form I-864. Be sure to look at I-864P to ensure you have the minimum income. If you get a co-sponsor, make sure to do I-864A - if they are married.

You may be eligible to do I-864EZ, if you can use it. Read all of the instructions and provide all of the requested documents - and then some. It is recommended to include letters from the sponsors employer, last years W-2s, and the tax returns. usually, if all of that is provided there will be no questions and it will go smoothly.

I-864's are the one part that you can do horribly wrong. If there is anything weird about your petition or weird about your finances - it may be best to find an attorney or immigrant help center to givey ou assistance in filling it out correctly. Sometimes you will encounter a nice InfoPass officer who will give you assistance on a few questions about these forms and making sure you fill them in correctly. It never hurts to make an InfoPass appointment, take in everything you have prepared [and for the love of Allah TYPE IT, don't write it in by hand] and have an officer review it. Don't be put off if they refuse to - some will, some won't.

Some attorneys will review your documents for a minimal fee before you file. Some will even review it and file it for you for a significantly decreased fee, if you have made no mistakes.

Good luck.

Hi

I searched for the answer to this question and couldn't find anything.

I have question for those who have received their 10 Yr Green Card.

My husband and I started our jouney back in 2005 with the K-1.

We never had a problem during our immigration process.

Now that I have a 10 year Green Card my question is this....

Do we really need to keep allllll the paper work that goes with K-1, Adjust Status, Remove Conditions blah blah etc....???????

Have any of your garbaged things like DS 156 and "packet 3" etc.

I would love to be able to throw that away and use the space for something more desirable.

Let me know if any of you think tossing this stuff away is a bad idea

Thanks a bunch

Keep everything until you have your citizenship. It is rarely needed, but when it is nothing sucks more than not having it. If you ever need an attorney, they will love you if you have all of it organized reverse-chronologically by notice date or filing date, in a three ring binder. Having to FOIA for this information or play it from memory is painful.

Trust me on this, nothing feels better than keeping it all - until you get your citizenship. Then putting together a nice little bonfire and burning it (except for your Naturalization Certificate, stick that somewhere safe).

Because it's government and you are an immigrant. Other immigrants don't understand the language and make mistakes. Mistakes make things take longer, which cause delays, which make the process slow down for everyone. That and Immigration is about as Xenophobic as the United States gets.

Hi everyone,

We got married on 4th June, and returned from a trip to South Dakota yesterday and now it's time for me to adjust status as my K1 expires soon.

VJ provides full guides for me to do so but my question is how the heck would I cope without it? I've trawled around the USCIS website for ages looking for "official" guidance, (trying direct from the homepage rather than the link provided in the VJ guide), and haven't received any official correspondence at all since arriving in the USA - is this normal?

I'm concerned because if I didn't know about VJ I wouldn't even be aware that I need to adjust status or do anything further!! This seems concerning as surely I wouldn't be allowed to go out of status and for removal proceedings to be taken against me without any correspondence from USCIS or other agency?

In the guide on here, there is a link to the instructions for I-485, should I be receiving these officially or not? I'm quite happy to follow the VJ instructions to the letter but am concerned by the silence from USCIS in dealing direct with me. It seems strange that the onus is on me without being given any instructions directly.

Anyway, my parents and family have all flown back to the UK now after coming over for the wedding and to meet Laura, her family and our twins, so I have the time to get all this sorted, (so long as my baby twins are good!)

Thanks to the VJ community in advance for any assistance.

Darren

Several things:

1) K-1 Visa is a Non-Immigrant Visa that is good for 90 days after your arrival in the U.S. This should have been explained to you by the consular officer at the U.S. Embassy/Consulate. If they did not inform you of this and you overstay, it can be grounds to have that fixed. However, it is nearly impossible to prove that they did not SAY this to you.

2) You should have read the "How do I?" pages and got to here: http://www.uscis.gov/portal/site/uscis/men...00045f3d6a1RCRD which would take you to this document: http://www.uscis.gov/files/article/A2.pdf

The USCIS website has other information on the process, but that is one of the easiest guides to find.

3) Even if you overstay, as long as you marry who your K-1 intended you to marry, you are fine. Sure, they may initiate deportation proceedings, but then you get an attorney and make the legal leaches richer. Either way, you can cure an overstayed K-1 by filing an I-130 and I-485 with the person who you received the K-1 through. It's just not advisable to get in a position to have to do that.

4) When you entered the U.S. and were given your I-94, the officer giving you the card should have explained your period of stay and its requirements.

Hi everybody.

Please if anyone of you can help us will be welcommed.

We met in 2005 she's american and i am italian. After many travel we decided to prepare for a life together.

We do not have a clue on how to make it happen.

I am actually living in Italy and she live in the US. We would like to move together to the US.

We would like to know what is the best and easier way.

For what we read the best is the CR 1 visa.

Some questions:

- Can i go in the US on a tourist visa and marry her there then go back to my homecountry and prepare all the forms? I cannot stay in the US without work. I need an income because i am paying already a mortgage in Italy.

- Do you suggest to have a lawyer? We checked out some but they are really expensive. (300$/h).

- Is the CR 1 the best one for our situation?

More question will follow in base of the answer we get

Thanks in advance

Fastest?

Get a K-1 (4-12 mo), prepare an Adjustment of Status packet while it is pending, get married when you arrive in the U.S., apply for Adjustment of Status immediately, get your EAD within 90 days. Start working.

Save up money so you can live for that 90 days without working. Mind you, nothing stops you from searching for a job during that time.

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If there is anything weird about your case, get an attorney. If it is straight forward - you should be able to do it yourself. If your fiance/wife gets an attorney in the U.S. she should be able to do the K-1 for under $1000 and the AoS for under $2000 PLUS filing fees on both.

First of all there is NO hurry to mail it as it doesn't matter if your I-94 expires unless you are K3.

Except for the fact that once your I-94 expires you are removable, until your petition is filed and pending, and can no longer apply for a Travel Document (I-131).

Even if you are a K3 it does not matter. It is the K1's that have a problem - but that is curable also.

If you want to travel before your Adjustment of Status is completed [which if CIS does anything weird could take up to two years] then you should file in a timely manner and request a travel document.

Hi All,

Just a quick question before I mail in my AOS Package (B2 Visa)

Here is my checklist

Form I-130

1. I-130 form

2. Check -USD355

3. Copy of Passport of my hubby (in lieu of his birth certificate)

4. Marriage Certificate (we got married last May 22, 2008)

5. Passport photo for each of us

6. Form G-325A (4 pages each?) ------not sure here

Yes, four pages each for the G-325A.

Note: I am not able to send in other eveidence such as joint bank account, lease or joint ownership properties, I intend to bring these once we get the interview schedule. Will this create a problem? Is it really a requirement to mail in such documents as early as now?

Make sure you have these things by the time of the interview in order to show that your marriage is bona fide. They are not necessary for the initial petition unless you receive a Request for Evidence or Request for Initial Evidence. It is rare to receive an RFE for these items, which can be provided at the interview.

Form I-765

1. Filing it with Form I-485

2. Copy of I-94 front and back

3. 2 Copies of Passport size photos

4. Check - USD 1,010

Note: Is it a must to send in photos for the I-765 if I am already attaching photo for my I-485?

Absolutely. You must send the photographs for the I-765.

If you have not overstayed the B-2 visa, why are you not filing an I-131? It does not cost anything extra to apply for it and applying now is proactive in the event your case is unnecessarily delayed.

Form I-485

1. Copy of my passport and US VISA

2. 2 Copies of passport size photos

Note: I still dont have my birthcertificate with me, my mom in the Philippines has already mailed in the document unfortunately she mailed it thru a regular mail. I plan to mail this package tomorrow coz my I-94 will expire on June 22, 2008? Will this create a problem?

They will request it in a Request for Initial Evidence. It will delay your case, but it rarely results in the case being dismissed.

Also, do I really need to acquire police clearance if I am already here in the US? I was tourist who recenlty got married with a US Citizen.

Absolutely. Get your police clearances, it simplifies things and then you have them if they are ever requested. However, CIS quite regularly never asks for them.

Can the affidavit of support be presented during the interview?

You MUST file your Affidavit of Support with your petition. If you do not they will send a Request for Initial Evidence or deny the petition for failure to show support. At the very least file it, missing some documents, and then respond to the Request for Initial Evidence. There is no point in being denied over a technicality. Keep in mind that this will prejudice an officer against your case - they hate the extra time involved with RFEs.

Thanks a lot for reading my list.

Regards to all.

No problem. Good luck.

You can take care of this at the Notice of Intent to Deny stage - since they should tell you about this before denying it. A good attorney should be able to get it through, no matter what.

If you are here and want to stay here - just do it.

They could just as easily claim fraud at the Consulate and refuse to let you return - I have seen that happen and getting it cleared up with a consulate is not pretty. CIS sucks, but Consulates suck more.

Lately they have been sending all of them to the NVC. Technically they should only send the I-129F/K3.

Hi

After Marriage, would it better for him to apply for H-1 (work Visa) or K-3 to come to the states?

He was given a job offer and they are going to help him come with an H-1. Then, I think once he is here, we can work on getting his green card. Is that a better option or faster tracker?

thanks

Whoever him is. I assume him is your husband.

The next window for him to arrive via H-1 would be October 2009. His application would be made April 1, 2009.

Your K3 should be easily done [barring errors] by April 2009.

All else fails, file both! H-1B has dual intent.

hey guys ,how long it take for the check name process for somebody s name is mohamed ,is it true it take between 6 months to 3 years,just cause of the name mohamed.if you have any idea about this plz dont hesitate to reply.

thank you

Or longer. I have seen people who filed for Naturalization in 1996 and were still waiting for the background checks to complete. From INS to CIS and yet Immigration was still aware of their cases and when requested would send updates indicating it was still pending.

At this point the only thing that is going to take care of this - which amounts to a backlog - is for an overhaul of the system. Which all current indications point at happening, the earliest, in 2010.

Mind you, mohamod, mohammed, muhamad, etc . . . are not the only names with problems. Ali, Imran, Saaed, and many other popular, male, Islamic names can be indefinitely detained.

For what it is worth - I have also seen someone with a perfectly American name - with all family members with English names - have the same problem. So it is not limited to Islamic and Arabic names - they just happen to be the most common.

Be honest about it, wait the extra process time if necessary. File for a Travel Document if you will be out of the US for more than 6 months. It is just a smart thing to do and to have.

If you were out of the U.S. for a year - you will have to wait that much longer to receive your Naturalization. Just wait the extra time and you should be fine. Just don't repeat the out of U.S. time without getting a travel document and having a solid, legal, excusable reason for being out of the U.S. for that long.

I am helping a friend - who this question is relevant to. If anyone has any idea of what should happen next, that would be great.

Here is what has occurred so far:

Filed I-130 April 2007. Received receipt June 2007.

Filed I-129F June 2007. Received receipt October 2007.

I-130 & I-129F approved March 2008.

May 2008, received notice from NVC for processing the I-130.

May 2008, received notice from NVC for processing the I-129F.

Family is located in Yemen. Sana'a U.S. Consulate is "closed" until further notice.

I-130 NVC Notice indicates, once paid, it will be shipped to Yemen for processing.

I-129F has already been sent to and received by the U.S. Consulate in Ethiopia.

The Yemen Consulate refuses to transfer the I-129F petition from Ethiopia to Yemen. The family cannot enter Ethiopia for various political reasons, has never been to Ethiopia, has nothing to do with Ethiopia, does not want to go to Ethiopia. The I-129F requested Yemen as the Consulate, but was sent to Ethiopia because they were married in Djibouti.

Supposedly the I-129F expires in four months if processing at the Consulate has not started. The I-130 expires within one year.

They have children in Yemen. No I-130 was filed for the children, because the K-3 Visa should have brought them over.

Can the I-130 for the wife be extended to include the children? Or will new I-130s have to be filed for them?

How can he transfer the I-129F to Yemen, if the Consulate will not take it? Can he transfer it to Djibouti or Saudi Arabia instead?

The fear is that the I-129F is essentially lost by government processing, the I-130 could take forever to process because of the closed consulate, and the I-130 will not include the children. Is this accurate?

Thank you for your help! Please direct me to any sources that may be of use. My friend's attorney is next to useless, he keeps "hmming" and "haaing" that the Consulate will take care of it - but nothing is happening!

You can note in your petition the time period you will be out of the country and request that they not request the biometric appointment until after that time. They typically will consider that type of request in a cover letter. Also, if you miss the biometric appointment it is not always the end of the world - you have 30 days to explain to them why you missed the appointment and to schedule another one.

Good luck.

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