DGAB2008

Applying at 1 year and 9 months is perfect. My husband applied to remove conditions at 1 year 10 months and received a letter within 2 weeks that says, "your conditional resident status is extended for a period of one year (while application is pending). During the one-year extension you are authorized employment and travel." So, unless something is wrong with your application, you should get a temporary one year extension while your application is pending. It should come within weeks of receipt of your application. HOPEFULLY!

Go to Office Depot and purchase a pack of lease agreement forms. Take one of the forms to the person you're subletting from and have them fill out the terms of your agreement. You and your wife should sign it and get it notarized. This serves as a valid lease agreement.

Dionne

OK, this is just nuts. Up to this point everything had been so easy, so I guess it was only a matter of time before we were hit with the whip.

We filed the I751 earlier this year with all the evidence we could give them. But we just received a form stating our evidence was insufficient and that we have to send more to be processed.

What more could we send? We have sent them every possible piece of evidence asked for that we had.

They list a number of items they want, most of which we have already sent them.

Joint tax returns, Leases for our apartments in both our names, joint health insurance, joint renters insurance, joint bank accounts, joint utilities, bla bla blah.

But things they list they want we do not have.

We do not own a home.

We do not jointly own a car because Anh doesn't drive. She has no license. So how can I list her on my car insurance?

We have no kids so how can we provide birth certificates for kids that do not exist?

We do not have any loans together.

They ask for copies of our lease(s) but we provided them already!

They want affidavits written by thirds parties, but we already gave them three! All three were very clearly written and properly done.

Since late winter this year things for us have been very bad. I lost my job and we had to move from our lovely apartment to a craphole in the wall we sublet, so we have no actual lease or utilities in our own name. No renters insurance either. This all happened just prior to filing, so at the time was not an issue.

But what to do now? Honestly, there is nothing else whatsoever we can provide to them. We have already provided every piece of evidence we have. #######?!

We had zero trouble with the interview process in Saigon and you all know how crazy they are. My wife spent a lot of time in Europe and Japan, so she was well traveled and an educated girl. Since coming here she has done very well and has a pretty darned good job in NYC, which she loves. But since late winter we have been subletting and have nothing in our name. No lease, no utilities at all. Yes, we have our bank account and a savings account and our health insurance.

What should we do? Our marriage is not bull----. I can't begin to describe how angry I am at this moment.

The question doesn't ask if you intend or don't intend to support your fiance. Signing the affidavit of support is what in and of itself obligates you to do so. The question you're referring to asks whether you intend or don't intend to make specific contributions of support, which means making a specific payment on a regular basis to your fiance (like paying him $300.00 every week for 18 months or providing food for 6 months or room and board for 1 years, etc). This question is primarily for sponsors other than the fiance or spouse, who agree to give a set amount of money, or give room and board for specific period of time (to support a visitor or someone on a work visa, etc.) It may also be for joint sponsors who are agreeing to provide support for a period of time, and for a set amount.

I answered I DO NOT intend to give specific contributions of support and everything was fine.

D

If this is a duplicate message, I apologize.

Gayla:

I'm so sorry to hear this news, and I pray everything will be fine. A couple of things:

Unless they expressly told you they had a problem with your age differences, don't assume that is the ONLY issue of concern for them. I have seen people here on VJ say they were denied because of age, and after they post the transcript of their interview, it becomes very clear that there were other very serious concerns. I'm not saying this is absolutely the case with you both, but don't make a blanket assumption because it limits your ability to address ALL their concerns. Go over everything a hundred times with your husband to see if there is anything else, in addition to age, that could be a factor.

Also, I read your post that you supplied 40 photos, 15 pages of letters, etc., to cover a 5 year relationship. To be honest, certainly that serves a proof, but it's really not a lot of proof over a 5 year period. Having to be prepared for the Consulate in Nigeria, we were trained early to provide hundreds of photos, hundreds of pages on IMs, e-mails, etc. because Nigeria is considered a high fraud country. I say this to say, when you know you have issues that may be of concern to the Consulate, you have to work harder to prove the validity of the relationship.

Finally, I know you are down about having to go to Mexico, and rightly so due to the medical concerns of your child, but praise God you've been given the opportunity to speak to the Consulate. I have not read of this happening yet at the Nigerian Consulate. Typically if they are not satisfied, they just send the petition back to NVC and make the petitioner go through years of trying to get a second interview, which often includes spending $4,000 - $9,000 for an attorney. So, I know this is not what you expected, nor want and if this is just based on age, then I agree it is not fair, but thank God you have the opportunity to show them your intentions and the true nature of your relationship in person.

When you go, bring more evidence if you can put it together. If not, put on a happy face when you get there and SHOW them how genuine you are and your relationship is with the love of your life. Let them understand that while you agree that it's rare to see a woman with such an age gap over a man in this society, your love is true and it's beautiful and you praise God for it.

I wish you all the best in the world.

CONGRATULATIONS! You deserve to be reunited with your wife and daughter. I wish you the best and many many blessings for the rest of your lives together.

D

Where are we getting that she has 2 children already? I seemed to miss that in his post.

Anyway, I think it's honorable that you're so concerned about your wife's well-being and that of your unborn child. I don't know if they will expedite your case (chances are they won't) but any decent man would try his best to have them consider all options on her behalf, so good for you.

In terms of her work situation. I don't have a suggestion for how she's going to pay her rent without working. She will have to find a way of maintaining her job if she's your sponsor. If she's having medical difficulties during any part of her pregnancy, she can take advantage of the Family and Medical Leave Act by obtaining documentation from her doctor and submitting the appropriate paperwork with her job. That will give her some much needed rest without the fear or risk of being fired.

Ask her if she has any sick or vacation time saved up - and how much. If she doesn't earn sick or vacation time (or has already exhausted it) perhaps she can apply for a temporary loan; sell some of her possessions on Ebay to try and get some extra cash; borrow from family or friends; I don't know. None of us on here are privy to her financial circumstances so it's hard to give advance on how she can pay her rent this month or next. But, again, if she needs some much needed time off then she should speak to her doctor.

Not every woman's pregnancy is the same. Some women are considered high risk from the beginning and are immediately put on bed rest. Others work straight up until labor. So it's not up to VJ members to tell you that she should just work through the discomfort. That's a decision for your wife and her doctor to make.

As the husband, you must find a way of soliciting financial support from your family and friends on her behalf if possible, to ease her burden.

D

I included all 100 pages of IMs with my K1 application. I also sent my fiance the same IM log with all subsequent conversations (post K1 app). I did the same with all my other proofs. At the interview, they didn't ask my fiance for IM, e-mails, phone records - nothing except photos, which I also included in the original app. So, I say print everything, even if it takes a while. My philosophy is to never be shy with the proof. Let them decide what they want to read and don't.

To cut down on ink and time, always click the fast print option on your print settings and it will print super fast.

D

Yep, we're getting married on the beach as well. Only a few family attending and the beautiful sunset. What can be better or more romantic.

D

If you have to leave in October, the K1 is a good option because it will take between 5-7 months for him to be in the U.S. (unless there's a serious delay). If you apply today, that would mean he would be here between January and March 2010 - way before August 2010. Of course you don't want to be apart - no one does, but at least you will be reunited within 4-5 months of leaving him.

However, like you, I'm not sure there's any fraud involved by seeking a work transfer. Let's look at it this way, what if his job said, "we are transferring you to the U.S. - period!" is the law written that he is obligated to say no, don't transfer me because I have the intent of marrying my U.S. fiance? Is the intent of the law that he loose his job just because he has an American fiance? Can someone show me where there is a presumption of fraud for seeking a job transfer to the U.S. with an American fiance?

Now, I completely understand utilizing the visitor's visa with an intention to immigrate. Clearly, that is fraud and the regulations state as much. But having a job that allows for transfers to the U.S., and completing the necessary paperwork and process for that transfer, seems to be a loophole, not an intention to commit fraud.

I don't know, but please provide the applicable law for this.

D

For purposes of filing the K1 and showing both proof of meeting in person and establishing that a legitimate relationship exists, when I visited Gabriel for the first time in South Africa, I made sure we took plenty of pictures together in front of landmarks (the Johannesburg Zoo, street signs where we rented our home, the Nelson Mandela statute at Sandton Mall, Sun City, the Johannesburg Airport, the country specific menu items on the kiosk at McDonalds or KFC, the church we attended, etc.). We included photos of us doing ordinary things like shopping for groceries, dancing with my daughter at home, Gabriel playing dollies with my daughter (laugh) , playing video games at the Mall, taking walks through the neighborhood, meeting other SA residents.

Also, we included the engagement ring receipt and photos of the ring, with me wearing the ring he presented.

Of course, we included our itineraries, boarding passes, passport pages with entrance stamps, and temporary resident permits, baggage claim receipts, receipts for all purchases in the country, newspapers/flyers/brochures we picked up there for concerts or other entertainment, lease agreement for our rental home with both our names on the lease, travel insurance with both our names, wire transfer receipt showing proof of payment for our lease to the owner of the home in SA, phone records from my blackberry showing calls from SA, rental car receipts, ATM withdrawal receipts, movie/entertainment stubs.

Just enjoy your vacation and time with her, but also document your entire experience together and you will be more than okay.

Oh, Congratulations to you both. You are right, the time will move so much faster now. Soon you'll be together forever!

So sorry to hear this news. When you get a chance, please e-mail the details of his interview so we can have a better understanding of what may have went wrong. But, for your information, this is an article written by Attorney Mark Ellis. Sorry it is so long but it is worth reading in its entirety. This article provides guidance as to what Consular Officers should bear in mind when conducting the interview. It also expressly states what they should and should not do, regarding the adjudication of a case, and suggests that one avenue to pursue might be litigation.

The Consulate can only recommend a revocation of an approval. They can not themselves "deny" a case. You have the right to request an appointment with the Fraud Prevention Division of the Consulate (but this should be done within 2 weeks of denial, or else it is likely your case might already be on it's way back to NVC). You have the right to request a new interview . You have a right to obtain the Consulates detailed memorandum concerning your case, which should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned as to the factual evidence your husband presented that led them to request a revocation. You have the right to sue if you believe the Consulate did not follow the guidelines below, and acted contrary to their charge. Remember, they are not to "readjudicate your approval," or say, well based on the same set of facts, we would not have approved that case. They must have concrete "facts" that led them to their decision because they may (based on your will and desire) have to defend themselves in Court. So, read the article below. Be honest with yourself, based on the answers your husband gave, to determine if he gave them grounds to deny him, so that you know how to proceed.

Apparently this Attorney Mark Ellis guy knows his stuff (though I do not know him, nor have I ever made contact with him) and might be worth pursuing for legal representation.

Praying for you!

Dionne

VISAS - INFORM CONSULS

E.O. 12958: N/A

TAGS: CVIS

SUBJECT: SOP 61: GUIDELINES AND CHANGES FOR RETURNING DHS / BCIS APPROVED IV AND NIV PETITIONS

3. Revocation cases will be forwarded to the NVC for review and data collection, and forwarded by NVC to the appropriate BCIS Service Center. Cases will be returned from the BCIS Service Center to the NVC and then routed back to the post of origin. The NVC will follow up on cases lacking information from BCIS in a designated timeframe. Please note that conforming changes will be made in the relevant section of 9 FAM 42.43, N2, "When to Return Petitions," N3 "Returning Petitions" and PN1 "Returning Petitions for Possible Revocation" and 9 FAM 41.81 N6.6 "Additional Factors That May Raise Questions in K-1 Cases." Nonimmigrant visa petitions other than K-1/K-3 petitions returned with a recommendation for revocation will continue to be sent to the appropriate BCIS Service Center.

4. All Immigrant and K-1/K-3 Visa Revocation cases are to be returned to the following address:

National Visa Center

32 Rochester Ave.

Portsmouth NH 03801

Attn: Fraud Prevention Manager

5. Unlike consular determinations regarding visa eligibility, which are not subject to judicial review, actions relating to DHS petitions are potentially subject to administrative and/or judicial review. The Department is regularly named as a co-defendant with DHS in cases involving the return of immigrant or nonimmigrant petitions to DHS. Therefore, it is particularly important that consular petition adjudications are well documented and clearly state the basis for the petition return.

6. In adjudicating visa cases involving petitions, posts should bear in mind three important factors: A. the consular officer's role in the petition process is to determine if there is substantial evidence relevant to petition validity not previously considered by DHS, and not to merely readjudicate the petition; B. the memo supporting the petition return must clearly show the factual and concrete reasons for recommending revocation (observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant) and; C. consular officers must provide to the applicant in writing as full an explanation as possible of the legal and factual basis for the visa denial and petition return. Post must maintain a copy of the returned petition, other evidence relevant to the case, and a copy of the written notification of the denial.

No readjudication of petitions

7. In general, an approved petition will be considered by consular officers as prima facie evidence that the requirements for classification - which are examined in the petition process - have been met. Where Congress has placed responsibility and authority with DHS to determine whether the requirements for status which are examined in the petition process have been met, consular officers do not have the authority to question the approval of petitions without specific evidence, generally unavailable to DHS at the time of petition approval, that the beneficiary may not be entitled to status (see 9 FAM 41.53, Note 2, 41.54 Note 3.2-2, 41.55 Note 8, 41.56 Note 10, 41.57 Note 6, and 42.43 Note 2) due to fraud, changes in circumstances or clear error on the part of DHS in approving the petition. Conoffs should not assume that a petition should be revoked simply because they would have reached a different decision if adjudicating the petition.

8. When a petition is returned to DHS, if DHS concurs with the officer's recommendation, DHS regulations require DHS/BCIS to provide the petitioner notice of intent to revoke, and to allow the petitioner an opportunity to rebut the grounds for revocation. DHS regulations require that, in the case of nonimmigrant petitions, the revocation must be based only on grounds specified in the regulations. Those grounds include evidence that the statement of facts in the petition was not true and correct, or that the approval involved gross error. The FAM often only summarizes the petition approval criteria because they are too lengthy and complicated to reproduce fully (the H regulations, for example, contain about 25 pages of double column material). Absent access to the full DHS regulations, conoffs may not be aware of all of the factors considered by DHS in approving a petition. In addition, conoffs are normally less knowledgeable about the basis for petition eligibility than DHS personnel; they therefore should not jump to conclusions regarding petitions. In addition, conoffs should return petitions only where there is specific, material and clear evidence to provide the DHS a basis to initiate petition revocation procedures.

Sufficiency of evidence

9. 9 FAM '42.43, Procedural Note One states that when returning petitions for possible revocation, "The original petition, along with all supporting documents, shall be returned under cover of a Form DS-3096, Consular Return/Case Transfer Cover Sheet, and a memorandum supporting the recommendation for revocation. The report must be comprehensive, clearly showing factual and concrete reasons for revocation. The report must be well reasoned and analytical rather than conclusory. Observations made by the consular officer cannot be conclusive, speculative, equivocal or irrelevant." The criteria cited in this note derive from the Board of Immigration Appeals case, Matter of Arias, in which the Board determined that the memorandum supporting a petition return did not constitute "good and sufficient cause" for petition revocation, because it consisted of "observations of the consular officer that are conclusory, speculative, equivocal, or irrelevant to the bona fides of the claimed relationship".

10. Memoranda supporting petition returns should be scrutinized carefully and objectively, bearing in mind that they may become relevant in litigation. The memoranda should be based on specific factual evidence, rather than conclusions, and should be clearly reasoned. For example, a statement that unnamed neighbors told a fraud investigator that a couple was not married is likely to be viewed as of relatively little value compared to a statement that names the neighbors, explains the nature of their relationship to and knowledge of the couple, and sets out the specific facts that led to the conclusion that the couple was not married. Signed statements are of greater value than second hand reports. Where a statement is prepared in English by a non-native English speaker, it should be proofread carefully. Posts can consult with CA/VO/L/A on cases where there are questions or concerns over the sufficiency of evidence cited in the memo supporting a petition return.

Notice to Applicant

11. INA 212(B) requires the conoff in most cases to "provide the alien with a timely written notice that- (A) states the determination, and (B) lists the specific provision or provisions of law under which the alien is inadmissible." 9 FAM 42.81 Procedural Note one instructs the conoff to provide: "1) The provision(s) of law on which the refusal is based; (2) The factual basis for the refusal (unless such information is classified); (3) Any missing documents or other evidence required; (4) What procedural steps must be taken by the consular officer or Department; and (5) Any relief available to overcome the refusal."

12. There are legitimate reasons why in some cases a conoff should not release all information relating to a visa refusal; such reasons could include classification of the information, confidentiality concerns, the need to protect an informant, or the "third agency rule" (information from another agency should only be released with that agency's permission). However, absent such considerations, conoffs should provide the applicant with the full factual basis for a visa refusal, as well as a reasonable opportunity to overcome the finding. This is particularly important to ensure that the Department's interests are protected in any subsequent litigation. It is important that conoffs maintain a record at Post showing that Post provided a written notice of the legal ground for refusal to the applicant, and, if possible, the factual basis for the refusal (this will normally consist of a copy of the OF-194). Conoffs are also reminded that in accordance with 9 FAM 42.81 Procedural Note 9, and 41.53 Note 2.3, copies of returned petitions and all other relevant material must be retained at Post.

Additional Considerations

13. Post's requests for petition revocation are often based upon investigation results. Consular managers should ensure that their fraud prevention programs actively tie investigations to legally-pertinent factual questions, and that they are likely to produce concrete evidence. In other words, if an investigation that confirms conoff's suspicions will not serve to allow DHS to revoke the petition, post is not managing its investigations effectively. Posts can find useful guidance on managing investigations and other aspects of fraud prevention at CA/FPP's intranet site at http://intranet.ca.state.gov/fpp/fpphome.htm. In accordance with the guidance in 9 FAM 40.63 Note 10.1, where there is evidence that the petition was approved based on fraud, the fraud cannot be considered to be material until the petition is revoked, and therefore while post can enter such cases into CLASS as P6CI, post should not pursue a 6C finding until the petition is revoked or abandoned. As stated in 9 FAM 40.4 note 10.1, post should be aware that any evidence presented to DHS in support of a petition revocation may be passed to the petitioner as part of the petition revocation procedures. Finally, Posts should review 9 FAM 40.51 Note 10 on the handling of petitions where there is evidence that a labor certification was obtained by fraud or material misrepresentation.

Oh I know (laugh). I was rushing to get ready to go to the airport this morning and I had so many people to inform that I just wanted to post it so everyone could see it at once. I'm just now getting to the hotel business center. We'll really talk when I get back on Thursday.

D

Congratulations girl! What a wonderful blessing! I am upset about one thing though: You didnt send me a PM telling me personally! Regardless, Im so happy for you two...

Actually we both travelled to South Africa and stayed there together for a month. My mom and my daughter travelled with me. But, my parents were absolutely against me travelling with my 5 year old daughter to Nigeria alone, once they saw the Travel Alert issued by the State Department advising U.S. Citizens not to travel to Delta State. However, my entire family is planning to visit Gabriel's family next Summer.

D

Congratulations!

One part of your story that confused me: you've never been to Nigeria to meet him? So has he been to the US to meet you?

Gabriel went for his interview this morning and said everything was wonderful.

I was worried because this weekend I received an e-mail from the Consulate that said that Gabriel's interview date is August 20th and it referred me to the Packet 3 attached to the e-mail and said Gabriel should contact the medical provider they listed to get his medical. Apparently, the Nigerian Consulate began a new process on July 1st in which no one is allowed to pick up their packets in person, they have to wait to receive their interview dates by e-mail. But Gabriel had picked up his packet 3 on June 16th and was given July 20th as his interview date. So when I got the e-mail, and it didn't say his interview had been "rescheduled to August 20th," I didn't know if it was just a snafu or what. So I told Gabriel to go to his scheduled interview date and to just wait and see what happens.

So Gabriel arrived at the Consulate at 5:20 a.m. At 7:00 he was let in. He first showed his interview letter and they checked to see if his name was on the list. Obviously his name was still on that list, so they then gave him a paper with a number on it, and then he went to pay his visa fee. He then had to wait a while, and then was called into cue. He waited in cue for a while and then was called by a very nice lady who collected his receipt and card, and immediately started asking him questions.

1) Who filed your petition?

2) How did you meet? (We met because I had formed a Foundation and asked a Nigerian friend of mine if he had any contacts in Nigeria who I could work with on an HIV/AIDS project. My friend said he knew someone in Delta State who had an NGO and gave me Gabriel's website address. I then contacted him.)

3) Who is this friend? What does he do for a living? When's the last time he visited Nigeria?

4) How long have Gabriel and I been talking?

5) Have I ever visited Nigeria?

6) Why have I not visited Nigeria?

7) Who is Emmanuel (Emmanuel is Gabriel's brother whose number was on my phone records.

8) What proof do you have for us? Gabriel took out pictures, cards, letters, phone records, receipts, travel documents, but she said she only wanted to see the pictures. He tried to also give the cards, but she said, no I don't need to look at that, just give me a few minutes. She took the pictures and came back shortly with a slip that says he has been approved.

He received his approval around 12:00 noon his time. Told to pick up his visa in 8 days (July 28th)

PRAISE GOD!

Thanks to all VJ Members who have shown me support through this process.

PMEmail Poster

Top

I have been following this very interesting topic, with what sounds like great legal minds battling to the finish, and I'm left askng myself why, if it's virtually useless, is a K1 able to get an EAD stamp upon arrival?

Dionne

Okay, like you I was checking USCIS website, Igor's List and the timelines of others with Nigerian fiance's daily. When I was almost at 4 months I called USCIS, they said that I hadn't been approved. I told them that I belonged to VJ and many people complained about the system not being updated - that some had gotten approvals without their names being updated in the system. I asked them if there was any other way to verify if I've been approved. She directed me to NVC, and I called. Sure enough I had been approved for 5 days and my petition was being mailed that very day to the Embassy in Nigeria. I received my NOA2 approximately 4-5 days after I called NVC, the same day my petition reached the Embassy in Nigeria. NVC's number is 603.334.0700.

Good Luck, and you will receive notice any day now.

Dionne

I'm very confused. My fiance is having his K1 interview in 10 days. I was told that he could get the EAD stamp when he arrives at the airport in NY. But reading your post, I'm wondering if this is the case. Did you try to get the EAD stamp when you arrived in the US? Thanks for your post!

Dionne

So very happy for you. The last thing our military personnel need is to be on pins and needles about the Visa process. Our gratitude to our military families for all of your sacrifice. May God Bless your marriage as you both sacrifice for our Country.

Dionne

Hey what is military expetite? Im in the military and I processed mine same time around you did.. Is there a faster way to do it for the military?? pls reply

Military expedite is used if the USC is deploying soon and you feel you need to get your visa before he or she leaves. In my case, the USC is deploying at the end of July and we didn't want to risk any paperwork confusion while he was away.. like getting our noa2 or an RFE while he was gone and not being able to act on it in time.

All we did was call the military line after we had sent our visa and requested an expedite. They put in a service note on it and sent us an RFE for the expedite that we had 20 days to respond to. My lovely finace then sent them a letter written on his behalf by his commander stating that he was deploying and it would be beneficial for us if our case was expedited. I think normally it's standard to attach a copy of your deployment orders but hes in the AF so they don't issue them this early. But the letter seemed to work just fine for us:)

I'm not really sure how to explain it other then that hope that helps!

You are completely fine. You will not be denied because of that and they will clearly understand that in fact, you did not use an "international marriage broker," as defined. No problem with that whatsoever.

They will now only make sure you met within the 2 year period before filing your petition, check your criminal histories, etc.

No worries. Praying for you both.

Dionne

International Marriage Broker Defined

"The definition of International Marriage Brokers in IMBRA covers virtually all for-profit matchmaking entities, whether U.S. based on not, whose main business is the facilitation of dating or like services between U.S. citizens and foreigners. The definition excludes matchmaking sites whose principal business in not providing dating services between U.S. residents and foreign clients and which charges like fees for its services regardless of the gender or national origin of the client."

In other words, dating websites like Yahoo Personals, E-harmony, etc. that don't set out to exclusively make love connections between U.S. citizens and foreigners, but that charge a set fee to everyone using the site, regardless of where they live, are not considered international marriage brokers.

Second, even though you answered that question incorrectly based on the advice of your attorney, shouldn't make or break your case and probably will have no impact whatsoever, especially if you explained in either question #18 or in your personal statements, how your relationship came to be. The examiner will see from your statements that you met through an online dating site, and they, knowing the definition of an international marriage broker, will understand that you clearly didn't understand the definition.

If you did not explain that you met on an internet dating site in either question #18 or in your personal statements, then perhaps it might be worth notarizing an amended statement to add to you file, or submitting a notarized amendment to the IMBRA question only.

I'm not one to leave things to chance so if you have an opportunity to provide clarity and it won't hurt you by doing so, but could hurt you without doing so, I say do it. Though again, I strongly believe, the examiner will understand on their own that you just didn't understand the definition.

Fire that attorney!!!

Dionne

IMBRA had an implicit intent that the cases would be handled differently as to any disclosure issues, based on IMB or not IMB. However, in practice, I've seen no evidence in the last three years that there is even the slightest difference in how disclosure is handled. Really, the only significance between yes or no was to impose a requirement on the IMB to take part in the disclosure of any criminal record to beneficiary. There just simply has been no difference. IMBRA was never about an impact on whether a petition would be approved except in the multiple filing scenario.

Dionne and pushbrk,

Thank you very much for your input!

The Affidavit of Sincere Relationship / Personal Statement my fiancé wrote starts like this: "Luciana and I were both members of a website, www.XXX.com. I had been a member for a few days when I came across her profile....".

We didn't omit that, and on question #19 we provided the physical address of the website as well.

Do you think we are fine with that or you still recommend us to submit a notarized amendment?

I thought to myself that they also might access the website to check and see it's not a marriage broker... Is that possible?

And yes, thinking seriously about firing the attorney...

Again, thank you very much everyone, for your opinion! They are really important to me!

Lu

You are so right, and CONGRATULATIONS. Expect your NOA2 in about 2 to 3 days.

That's exactly what happened to me. On June 8th I called USCIS and the representative told me I wasn't yet approved. I hung up and called NVC and to my pleasant surprise, the lady told me they were sending my Petition to the Consulate that day. I was actually approved by USCIS on June 3rd. I didn't receive my NOA2 until June 10th. My case was sent and received by the Consulate in Lagos on June 12th. On June 13th I received my letter from NVC.

The point being, I found out through NVC that I was approved. I never received an email, I had not yet gotten my NOA2 in the mail, and even USCIS reps said I wasn't yet approved, when I had been approved for 5 days.

So I think your advice to also call NVC to check your status is good advice.

D

International Marriage Broker Defined

"The definition of International Marriage Brokers in IMBRA covers virtually all for-profit matchmaking entities, whether U.S. based on not, whose main business is the facilitation of dating or like services between U.S. citizens and foreigners. The definition excludes matchmaking sites whose principal business in not providing dating services between U.S. residents and foreign clients and which charges like fees for its services regardless of the gender or national origin of the client."

In other words, dating websites like Yahoo Personals, E-harmony, etc. that don't set out to exclusively make love connections between U.S. citizens and foreigners, but that charge a set fee to everyone using the site, regardless of where they live, are not considered international marriage brokers.

Second, even though you answered that question incorrectly based on the advice of your attorney, shouldn't make or break your case and probably will have no impact whatsoever, especially if you explained in either question #18 or in your personal statements, how your relationship came to be. The examiner will see from your statements that you met through an online dating site, and they, knowing the definition of an international marriage broker, will understand that you clearly didn't understand the definition.

If you did not explain that you met on an internet dating site in either question #18 or in your personal statements, then perhaps it might be worth notarizing an amended statement to add to you file, or submitting a notarized amendment to the IMBRA question only.

I'm not one to leave things to chance so if you have an opportunity to provide clarity and it won't hurt you by doing so, but could hurt you without doing so, I say do it. Though again, I strongly believe, the examiner will understand on their own that you just didn't understand the definition.

Fire that attorney!!!

Dionne

Here is an interesting article that doesn't negate what your attorney advised, but there is a section that speaks about the discretion of USCIS in cases such as yours.

http://americanlaw.com/aos.html

Essentially it says:

Adjustment of status is discussed at §245 of the Immigration and Nationality Act ("INA"). According to INA §245(a), the status of an alien who was inspected and admitted (which you were when you crossed the border) or paroled into the United States may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if:

1. the alien makes an application for such adjustment, (check - you did that)

2. the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence, and (check - that's you, you're eligible as a person married to an American citizen, however, is required that your wife have 1 year residency in the US before you're eligible to apply for AOS? I don't know the answer to that?)

3. an immigrant visa is immediately available to him at the time his application is filed. (visas are available for married couples so check that's you)

Seems you satisfy all the requirements. Below are categories where AOS will not be allowed, though as the article suggests, even in some of these cases, AOS has been granted:

Statutory Bars to Adjustment of Status

The INA lists several categories of aliens to whom adjustment is legally unavailable:

1) Foreign National Crewmen

2) Transits Without Visas ("TWOV")

3) Aliens Who Entered Under Visa Waivers

4) Aliens Who Have Conditional Residence

5) K-1 Fiances

6) Unauthorized Employment, Unlawful Status or Failure to Maintain Status

7) Aliens Who Enter Into Marriages During Pendency of Administrative or Judicial Proceedings

Adjustment of Status is Discretionary

It is important to realize that adjustment of status is considered discretionary. USCIS may still deny an application for adjustment of status even where none of the statutory bars applies.

In practice, adjustment of status will be granted where the alien is statutorily eligible and there are no "negative factors." When such negative factors exist, the factors will be weighed to determine whether adjustment will be granted. Close family relatives, particularly immediate relatives, may be a strong factor favoring adjustment.

Preconceived intent to remain in the U.S. at the time of entry as a nonimmigrant, even though not resulting in fraud or willful misrepresentation, may be a sufficient negative factor to deny adjustment of status. However, immediate relatives of U.S. citizens can overcome such negative factors.

This may be what gets you!

Dionne

CONGRATULATIONS!!!!! You did it. I'm so happy for you and I know you're fiance is jumping out of his seat in anticipation of your arrival.

Dionne