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OBX reacted to Harpa Timsah in Marry on a Tourist Visa and then CR-1
This is incorrect. You can have the intent to marry, but not stay. It is perfectly fine to get married on a tourist visa. You do not need a K-1 visa to marry in the US; you need it to marry AND STAY. You cannot use a non-immigrant to immigrate to the US, so you cannot have intent to marry and STAY, but the OP doesn't want to stay. You might not want to offer up the information at POE, but if asked, you would say you are getting married and then applying for a CR-1 visa after returning home - which is, incidentally, the TRUTH. Good luck.
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OBX reacted to pushbrk in Blazin' fast government is just too quick!
The visa validity will not be extended, so option 2 is best of the two. No need to contact NVC about your intention to go slow. Just go slow.
What I would do is a hybrid of 1 and 2. I would go as quickly as possible until it's time to actually mail the final package (DS230 and civil documents) to NVC. Then, I' would send them that package in early November for a January interview target. Adjust the timing to fit your circumstances.
This way, you know EVERYTHING is ready and that the waiting is your choice.
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OBX reacted to mike42979 in managed to water damage my visa!!!!!!!!!!!!!!!!
Seriously a little over dramatic do ya think; you say you are retarded but your English is great and you have enough sense to know a lot of information in regards to different forms of ink and other things so i hope you are not using the word retarded out of context. There are many people on this planet that are mentally challenged and to throw the word retarded around just for the sake of your clumsiness is disrespectful to those who are truly mentally challenged. I do not doubt you have a cyst in your head or on your brain but you are articulated well enough that i would not consider you mentally challenged! maybe a little unstable but these two things are opposites.
P.S Pull your **** together and take the advice you have been given by others. It is my opinion that the people here have afforded you enough of their time and all you have done is complain, I have seen no gratitude given to those who have offered help so maybe it is all about you here and not about anyone else on the site.
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OBX reacted to Kathryn41 in managed to water damage my visa!!!!!!!!!!!!!!!!
Now you are going overboard. You can continue to enjoy your misery if that is what you want or you can start to move forward. You are not the only one that this has happened to, guaranteed. There is a solution. It is found by contacting the Consulate.
I would take the additional visa fee part to mean covering the costs of re-printing - not re-doing the visa. Realistically, I would be very surprised if it were even as high as $100 - still much cheaper than doing the process over again - especially when it ISN"T NECESSARY. . Really - vent a little bit more, get it out of your system and then start working to make things right - like you did for the medical.
btw - this is the part of the Consulate post you would be better focusing on: " . . . it should be no problem to reissuue your visa"
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OBX reacted to Kathryn41 in managed to water damage my visa!!!!!!!!!!!!!!!!
Regardless of what happens 3 to 5 days are going to pass anyway whether you do something or do nothing.
You have a choice. You can continue to wail and complain that things are hopeless and that there is nothing you can do so you don't even try - - in which case, I can guarantee you will not be completing your visa journey.
OR - you can do something constructive to resolve the problem. Instead of thinking of all of the things that you can't do - think of the things that you can do. If you can't phone them, then email them. Go in person and sit on their door step and ask an officer if he will take in a letter explaining your problem.
Even if the number is expensive it is probably cheaper than any of the other options you are considering. If it takes 3 to 5 days those 3 to 5 days are going to pass regardless. You might as well get the process started and then the time will pass and you will get an appointment to get the visa replaced. Sure, it may add some extra time but that is time invested in your future. You can choose to invest your time in your future living here in the US with your husband - or you can invest your time in doing nothing and staying separated.
Your other option if your flight is scheduled in the next few days is to proceed to the airport and let them decide if they will allow you to board with the visa and the damage that it has. If they do, then you have no problem. If they don't, then you are just back to where you are right now - in need of making an expensive phone call to get an email code so you can send in an explanation of what happened and ask for an appointment to bring in the damaged visa, your passport and whatever else is necessary.
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OBX reacted to Kathryn41 in Think I've lost the chest X-ray from medical and they want it at PoE!
The only times I have ever read about someone having to hand over their x-ray is when someone is coming in from a country that has many cases of active TB such as the Philippines. There is a medical expert available at disembarkation for some of these flights and they have sometimes requested seeing medical proof of negative TB. These cases are few and far between and I suspect there would have to be some sort of reason or suspicion to make this request. (The one case that comes to mind did involve a young woman who had TB when she entered - she was held and not allowed to enter the US. I don't know what her medical reports had said).
You will not require your x-ray to enter coming from the UK. There will be no reason to suspect you of having active TB since the country your flight originates from does not have active TB rampant in the community. This would be the only reason anyone would request your x-ray. Regardless, the actual printed out hard copy report that states you do not have TB is inside the medical results contained within that brown envelope that you are not to open. Carry that brown envelope with you - not in checked luggage - and you will hand it over to immigration when you activate (I know - that isn't the right word but it explains what happens) the visa in your passport. That is all that is required. The x-rays are your souvenir of your medical .
I actually handed my x-ray over to my new family doctor to keep on file for comparison purposes. It forms a baseline of what my lungs looked like when I arrived.
Don't panic about this - you will be fine. If your friend ever finds the CD he can then mail it to you - either before or after your flight to the US.
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OBX reacted to pushbrk in I'm still confused, just got visa in the post
This is close. What happens is the visa is actually affixed to a passport page. The visa is good for only six months and for one entry. Upon entry the visa will get an endorsement stamp that serves as a temporary green card for on year. The six months is how long they are saying the Green Card "MIGHT" take to arrive but you don't "apply for it". It just gets produced and mailed, usually within a month.
I think when the OP finally sees the correspondence and reads it IN CONTEXT, they'll find it says what I wrote in the paragraph above.
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OBX reacted to Ryan H in Which form to file for my wife?
Are you talking about the K3 visa (which would require filling both forms)? If so, I would say don't bother.
This is the typical sequence of events if you were to do that:
You file the I-130 and receive your NOA1
You file the I-129F
USCIS ties the I-129F together with the I-130 by pulling your I-130 from its place in the queue and places it with the I-129F you just submitted.
USCIS approves both petitions at the same time and forwards them to the NVC
NVC receives both petitions at the same time and administratively closes the I-129F for K3 leaving only the I-130 for CR-1 active
Now, there have been some recent posts from 2 different users who had their I-129F arrive at the NVC a day ahead of the I-130 and the I-129F for K3 subsequently went forward. Now it's too early to tell is this is a trend or an anomaly.
IMO, the best course of action for you is to file the I-130 and let it run its course alone without filing the I-129F.
Congratulations on your marriage and best wishes going forward!
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OBX reacted to TBoneTX in K1 visa application recalled by USCIS from NVC
Friend Matthew, the OP's situation is highly unusual, and there's obviously something wrong, whether technical or fundamental. The OP's attorney needs to get on it. Please avoid affixing your own frustrations to a circumstance where they may not apply.
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OBX reacted to TBoneTX in What documents i need to bring with me in the US?
Bring MULTIPLE official copies (minimum of 2, ideally 3) of your birth certificate, university & other school transcripts, diplomas, divorce certificates if applicable, birth certificates of children if applicable, technical certifications (if you're qualified in a trade), vaccination records (have your family doctor or medical clinic reconstruct these, if necessary), and any other document or paper that would be difficult or impossible to get after you're in the U.S.
Have each copy officially signed or stamped -- for example, the vaccination records could be on the doctor's or clinic's letterhead and either officially stamped by them or with original signatures on each of the 2 or 3 copies.
You can worry about the translations later, for most things -- just get official copies of everything that you can. The most important documents to get translations for (ahead of the others) are the birth certificate and the vaccination record.
Also, if your visa is not yet in your passport, renew your passport NOW for the longest possible term. Finally, if you have a driver's license, renew it for the longest possible term. If you don't drive, do everything in your power to earn a driver's license while you're still in your country! It can't be emphasized enough how much this will pay off for you later. Along with your license, get an International Driver's Permit (they'll know what that is). It's best to get the license as close to your emigration date as you can, while still leaving a cushion of time to allow for delays in receiving it.
Commendations to you for thinking ahead!
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OBX reacted to Brother Hesekiel in i130 docs - BC of naturalized US citizen
How would an Ukrainian birth certificate establish your US citizenship? I mean, seriously!
Your US passport is a class A document to do that. Your Certificate of Naturalization or Citizenship would work as well, but is not necessary.
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OBX reacted to JAPrincess in DS230 Question
You do not have to wait for the NVC to mail you the DS230
here is a link to the form: http://www.state.gov/documents/organization/81807.pdf
Fill it out, save it, and send it to his e-mail
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OBX got a reaction from Yoink in Income Tax copy from H&R block, is this good evidence?
Transcripts are free but if you want an IRS copy of the entire return there is a hefty cost. Transcripts are sufficient for ROC. We ordered the tax "account" transcripts because they showed any changes made due to amendments, are free and arrived in a week.
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OBX got a reaction from Ben and Ash in April 2011 filers
Not dumb at all or that makes three of us!
I did the same on all of our evidence; I highlighted our names and address and other important information. I figure anything that makes it easier for them the better.
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OBX reacted to pushbrk in what to say to immigration?
A generic TRUTHFUL answer is not a lie. A question like, "What is the purpose of your visit?" does not require a full listing of all agenda items. "Pleasure" is a generic truthful answer as are vacation, holiday, visiting family and friends, going to Disney World or any number of other possibilities. Since "marriage" in and of itself, on a tourist visit is not illegal, there is no more need to mention the intention to do so, than to mention whether you might visit a public library or park.
If asked, "Do you intend to marry a US Citizen during your visit?" to answer "No" and then do so FOLLOWED BY staying to adjust status MAY WELL BE considered a material misrepresentation but not always. For example, if intentions change after entry for some plausible reason like becoming pregnant, then the change in intentions negates the (present tense at time of entry) material misrepresentation.
Where they decide to marry is up to the couple and the local marriage laws. It has no impact on the immigration process, provided there's no attempt to circumvent immigration laws.
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OBX reacted to Brusik in Preparing for NVC Process
just beneficiary as far as I know.........
certified original...
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OBX reacted to pushbrk in what to say to immigration?
This is wrong. Entering the USA with the intent to marry AND stay to adjust status is visa fraud but that's not the intent here. The OP clearly stated they would be leaving the USA and obtaining the CR1 visa before immigrating. It is not fraud to enter with the intent to marry and then leave to pursue the correct visa.
My suggestion is to give a generic but truthful answer as to the purpose of your visit. You are no more obligated to mention that a wedding is on your itinerary than you are to mention whether you'll be seeing Disney World as part of your trip. "Visit", "Holiday", "Vacation" are all generic truthful answers when asked the purpose of your visit. Usually this question is followed-up with one about the length of the stay and they may want to see a return ticket that matches your answer.
Telling the CBP officer that you will marry a US Citizen during your visit is likely to get the entry denied on the false assumption, you intend to both marry AND immigrate (adjust status based on the marriage). That's why generic truthful answers are a better choice in this situation. If asked specific questions about whether you intend to marry, of course, answer truthfully but those are not routine questions.
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OBX reacted to Nich-Nick in I changed my address....
It seems like every person who has moved since AOS has their ROC reminder sent to the AOS address. I think it's just something in whatever software generates the reminders...it generates a letter to where the GC was sent. I don't think you need to change the address again with USCIS or make an infopass appointment or prove you sent the AR-11 when you file ROC. Just file with your current address. Your NOA and subsequent mail from USCIS will come to your current address as written on the ROC application. Ours did.
Only if you never notified USCIS at the time you moved should you do a change of address now.
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OBX reacted to Moosker in Address Change
I-864 is the petitioner stating the address change, AR-11 is the recipient stating the address change. Both must be completed.
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OBX reacted to Canadiandggal in Medical review.......Toronto
If you were to fail or something was wrong with xray or blood work they would call you to let you know.
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OBX reacted to Isometry in Everyone should stop acting like big babies
I woke up one morning and thought, "I'm going to fall in love with someone who lives three thousand miles away and then spend six months doing paperwork so that we can be together", and then proceeded to do exactly that.
Knowing what we got into doesn't make it any easier.
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OBX reacted to zyggy in Canadian filing taxes for the first time in the US!
Also, the terms of the U.S. Canada Tax Treaty overcome those directions.
The terms are as follows:
1. For the purposes of this Convention, the term "resident of a Contracting State" means any person
who, under the laws of that State, is liable to tax therein by reason of his domicile, residence, place of
management, place of incorporation or any other criterion of a similar nature, but in the case of an estate
or trust, only to the extent that income derived by such estate or trust is liable to tax in that State, either
in its hands or in the hands of its beneficiaries.
1. Subject to the provisions of Articles XVIII (Pensions and Annuities) and XIX (Government
Service), salaries, wages and other similar remuneration derived by a resident of a Contracting State in
respect of an employment shall be taxable only in that State unless the employment is exercised in the
other Contracting State. If the employment is so exercised, such remuneration as is derived therefrom
may be taxed in that other State.
To sum up, income that was earned while a resident of Canada is only taxable in Canada and therefore must be excluded from taxable income in the other state.
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OBX reacted to zyggy in Canadian filing taxes for the first time in the US!
Actually she can. You can use the 2555 to exclude the income you earned in Canada, since she would pass both the substantial presence test and the tax home test for the time she was resident in Canada. Canada was her tax home before she entered the US and she has to live in the foreign country for 183 days of the previous 12 months. It is not based on a calendar year basis. Any Foreign income earned after you entered the US to become a permanent resident is subject to US tax. Any foreign tax on that income would be taken as a foreign tax credit using Form 1116.
You need to file a form 8891 for the RRSP. It's an infomation only form.