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Peter&TT

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Posts posted by Peter&TT

    today marks 7 months???? still nothing

    in IR-1 / CR-1 Spouse Visa Process & Procedures

    Posted

    hello all, i just found this site.

    today marks 7 months since my NOA1

    i called USCIS they told me they will put a case on this for me last month and allow 180 days to contact them again!!!!

    I mean ####### right????

    i wrote to my congressmen as well as my senator last month, they responded with a letter stating they will look in to this for me and allow 6-8weeks

    i guess that better than 180days........

    i wish they would update there website, i mean why say 5months, when the tier 2 officer on the USCIS call center says it can take up to 12 months....

    has any body here at there 7+ months waiting on there NOA2????

    I share your pain!!! It happened to me! Look at my timeline. By now NVC is supposed to receive my case from USCIS but they haven't. I emailed NVC last week and they said they would contact USCIS on my behalf to locate my file!!! I got NOA2 but the USCIS case status online still shows "Initial Review"!!!

    Peter

    Need translation for civil docs sent to NVC?

    in Vietnam

    Posted

    Peter,

    It is better that you send your wife's civil documents with English translation. There are a lot of conflict posts about exact meaning of this sentence "All documents not written in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations and submitted to the NVC." The main thing is that the official at the NVC probably cannot read Vietnamese, so I would not take a chance if I were you.

    Hi Tuan,

    And you sent them the originals via mail?

    Thanks

    Peter

    Need translation for civil docs sent to NVC?

    in Vietnam

    Posted

    Hello VJ members,

    I just received the approval letter (NOA2) today from TSC (Yes, after 246 days!!!). I’ve some questions regarding sending our civil documents - Birth certificaties, Police Certificates & Marriage Certificate - to NVC.

    1. Must they be translated into English?

    2. Must they be orginial? If so, what if they get lost in the mail and we don’t have them at the interview?

    According to NVC website (http://travel.state.gov/visa/immigrants/info/info_3195.html):

    "All documents not written in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations and submitted to the NVC."

    Because our original documents are in Vietnamese (my wife is from VN) I guess I don’t need translation but want to make sure and want to know how others have done. I’ve seen these Q&A in this forum before but now can’t locate them, so please help.

    Thank you.

    Peter

    Case transferred from CSC to Texas Service Center

    in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports

    Posted

    Hello VJ members, I just got this notification for our case (initially filed w/ CSC)

    "On November 2, 2010, we transferred this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN to our TEXAS SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice....".

    Do anyone experience this before? I guess they just share the load among service centers.

    Thanks

    Peter

    DS230

    in US Embassy and Consulate Discussion

    Posted

    Hi KP, regarding 31a & 31b you are partialy right: The person's named in question 14 is me - the petitioner. If it doesn't refer to me, then the questions should only state "Person(s) named in 29 who will accompany you to the United States..." (NOTE: there is no 14)

    Peter

    DS230

    in US Embassy and Consulate Discussion

    Posted

    Hello VJ members, I just got this notification for our case (initially filed w/ CSC) "On November 2, 2010, we transferred this case I130 IMMIGRANT PETITION FOR RELATIVE, FIANCE(E), OR ORPHAN to our TEXAS SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice....". Do anyone experience this before?

    Now please help me help my wife fill out DS230.

    Q31a. Person(s) named in 14 and 29 who will accompany you to the United States now.

    Q31b. Person(s) named in 14 and 29 who will follow you to the United States at a later date.

    My plan is to fly back to Vietnam to be with my wife when she has an interview and to accompany her to the U.S. So, where (Q31a or Q31b) should I put my name in?

    Q32. In what occupation do you intend to work in the United States?

    Can I just put "To be united with my husband"?

    Q44. Were you assisted in completing this application?

    Should I say YES and put my name/address down?

    Also, should I send out Part 1 (signed) AND Part 2 (unsigned) to NVC or just send Part 1?

    Thanks

    Peter

    Another White (Denied) for HCM

    in Vietnam

    Posted

    1/ Did you upload your I-129F with many evidences?

    2/ Did you submit your timeline with your I-129F?

    3/ Did you clearly explain your plan (formal engagement in 3rd trip after getting K1 visa) in your I-129F?

    I didn't and realized it was a big mistake. The CO very much won't care what is brought to the interview or submitted after a blue/white sheet. They gave you a blue/white sheet just to follow procedures. I believe a decision had already been made.

    Peter

    Another White (Denied) for HCM

    in Vietnam

    Posted

    Sorry to hear that. I've been through this experience. No much anyone including your senator/lawyer can do now.

    Here were what happened to me.

    3/23/2009: my then-fiancee submitted the our notarized timeline, list of relatives in the U.S. and were still denied. Case was sent back to USCIS.

    3/twenty-something/2009: i had my senator contacted the Consulate and they responded with "the case would be sent back to USCIS and the petitioner would have a chance to rebut the consular findings..." (In a rare case as with Vermont Service Center, never expect a chance to rebut for a returned I129F)

    4/10/2009: I flew back entered the consulate but an CO, after (pretending) listening , said our case would be sent back to USCIS, blah blah blah. I then had Marc Ellis submitted more evidence a few days later but still no luck.

    Back to the U.S. I never got a NOID from USCIS. On July 10, 2009 I finally got the Notice of Decision (see below) which came as a Freedom of Information Act (FOIA) which I had requested in June 2009.

    This notice is in reference to the Form I-129F, Petition for an Alien Fiancee, filed for ABC NGUYEN pursuant to section 101(a)(15)(K) of the Immigration and nationality Act, as amended. The petition was approved on Dec 15, 2008 and was forwarded abroad to a United states Embassy/Consulate with a validity period of 4 months. subsequently, the petition has been returned to the USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F, Petition for an Alien Fiancee, for the beneficiary with fee.

    I flew back in 9/2009, got married, applied & obtained our marriage certificate in Vietnam (yes it was time-comsuming and a hassle but it wasn't too bad when you gave them $$$). I visited my wife again last March and just filed I-130 (CR1) (uploading a lot of evidence) on July 22. I haven't got my NOA1 yet.

    Anyway, my point is if it has been 3 months after your case was sent back to USICS and you haven't heard from USICIS, do a FOIA.

    Good lucks.

    Peter

    still no NOA1

    in Vietnam

    Posted

    Hello VJ friends,

    7/22/2010: USCIS CSC received my I-130 package (2" thick)

    7/30/2010: $355 check cashed

    8/14/2010: still no NOA1 & I start getting nervous

    Have anyone waited such a long time before getting NOA1?

    Thanks.

    Peter

    The HMC Interview window

    in Vietnam

    Posted

    Just so that some of you have a heads-up about the actual interview in HCM...

    That window is thick as anything. I would wager it's bullet proof. Anyway, it's like one of those bank teller's setups. There are no openings accept a slit all the way across the bottom between the glass and the counter. The opening is about 2 or 3 inches, max. They speak out through a speaker, much like a fast food drive-through. Some of the speakers are bad and if they shut it off, you can't hear a thing. For the interviewee, there is no microphone that I can recall. You sort of hope they hear you from the inside. When I went there to speak to them after our case was rejected, I had to bend down to the crack to communicate with the person inside. Now, mind you, we both speak the same language. If you add an interpreter in there and you don't bend down to the crack on the outside, forget it. That conversation is going to be tough, very tough.

    The interpreter we had yelled at my wife and interpreted some really incorrect translations, as was typed out in the blue form they gave to us.

    Totally agree. The windows & microphone at the consulate are very very very bad and I can't understand why it is done that way. Are they afraid of interviewee? It's so ridiculous. Why can't they have the windows just like at banks such as Chase? No need for microphone but direct conversation. I can't understand.

    Peter

    I-130: which names? And # of days in VN

    in Vietnam

    Posted

    Hello VJ friends,

    I hope someone can help me. I married my wife last Sept 2009 in Vietnam and now prepare to file I-130.

    1/ Which lastname should I use when filing I-130 for my wife? (Section C#1, Family name) Should I use her maiden name or my lastname? According to Vietnamese culture, a woman doesn't have to change her lastname after marriage. Going forwards, what should I put down for her lastname on other forms (which doesn't have a line for "Other names used, including maiden name), eg 1040 to avoid confusion? I prefer using my wife's maiden lastname if possible.

    When I sent letters to my wife in Vietnam, I always use her maiden name. Will it be an issue given the pickiness of CO in HCMC?

    2/ One of the interview questions is "How many days each trip did your husband visit you?"

    How do I calculate the number of days I'm in Vietnam? Should I start from the day I left America for Vietnam to the day I left Vietnam for America? I start counting the date I arrive at Vietnam 'til the date I leave Vietnam. Is that good?

    Many thanks.

    Peter

    Please help... Hi all, I need help with filling out form I-130.

    in Vietnam

    Posted · Edited by CamCoNuong

    ...

    Answer "Yes", and provide the requested information about the K1 petition. What was the final outcome of the K1 petition? You said it was returned to USCIS. Did they ever make a decision on it?

    You can also write your name in Section C, #17, as "Husband".

    Regarding the final outcome of my K1 petition: Upon my request of FOIA (Free Of Information Act), USCIS sent me a copy of my I-129F with some handwritten notes on it(presumably by a USCIS officer and/or a CO at HCMC, yet no apparent notes of reasons for denial) along with a "Notice of Decision" which states as follows

    This notice is in reference to the Form I-129F, filed for [my then-fiancee's name] pursuant to Section 101(a)(15)(K) of the Immigration and Nationality Act, as amended. The petition was approved on Dec 15, 2008 and was forwarded abroad to a United States Embassy/Consulate with a validity period of 4 months. Subsequently, the petition has been returned to USCIS with a finding that the beneficiary was not issued the requested K1 visa. Since the period of validity has now expired the petition will not be revalidated. Therefore, in accordance with 8 C.F.R . 214.2(k)(5), all USCIS action on this petition is concluded as of the date of this notice. However, the petitioner may choose to file a new Form I-129F for the beneficiary with fee.

    Chrisitina Poulos

    Director

    However, doing a Case Status check online at USCIS website still shows "On June 19, 2009, a USCIS office received this case from the State Department with a request that we review it. We will notify you when we complete our review, or if we need something from you. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283."

    I made an appointment to speak to an USCIS officer at Chicago USCIS office to querry about the case and she told me the same information as the website showed. Upon her suggestion, I wrote to USCIS CSC (Laguna Niguel, CA 92607); in my letter I included the print out of the case status check online and guess what they replied!!!! They refer me to use "Check Case Status online at ww.uscis.gov" and/or call customer service center at 1-800-375-5283!!!

    Thus, with the "Notice of Decision" from FOIA, I'm going to file I130 & attach a rebuttal letter for I129F.

    Thanks

    Peter

    Please help... Hi all, I need help with filling out form I-130.

    in Vietnam

    Posted · Edited by CamCoNuong

    I have the same questions too except that I previously filed K1 and now I'm married to the same person & about to file I-130. What should I put down for SectionD>2? My then-fiancee was denied a K1 visa at the interview and my case was returned to USCIS April 2009.

    Thanks.

    Peter

    C#17. List husband/wife and all children of your relative

    Should I put my wife's name here? (I'm a petitioner)

    Many thanks.

    How to apply for ITIN?

    in Asia: East and Pacific

    Posted

    for 2009 you can do it at the beginning of next year (you have until april to file taxes). When you get your w2 from your employer, fill out the 1040 like you would normally do but when you file married filing jointly leave her social security number space blank. When you fill out the ITIN form attach the 1040 for 2009 with it. When you send it to the address shown on the ITIN instructions you are done and you can consider yourself filed for taxes already since the ITIN department will file the taxes (forward the papers to IRS) for you when you attach the 1040 with the W7 form.

    Thanks very much everyone for your help, especially to Dai_Tx, I'll do as you suggest - it makes more sense.

    Thanks

    Peter.

    How to apply for ITIN?

    in Asia: East and Pacific

    Posted

    After reading several postings and threads in other forums, I'm still in a loophole. Chicken and egg, which come first? To apply for an ITIN you must submit a valid tax return; and to file a tax return you must have an ITIN or SSN.

    If I cannot claim my wife as a dependent while she lives in Vietnam (as Rin_and_John pointed out), for Tax Year 2009 how do I file as "married filing jointly" because my wife doesn't have either ITIN or SSN? Does "married filing jointly" require each filers have either ITIN or SSN? I'm confused. Please help.

    Thanks.

    Peter

    How to apply for ITIN?

    in Asia: East and Pacific

    Posted

    Hello VJ folks,

    Below are what we did and got rejected when applying for a ITIN (Individual Taxpayer Identification Number) for my foreign wife.

    1/ I (a USC) got married in Sept 2009 in Vietnam.

    2/ My wife (a Vietnamese living in Vietnam) filed W7, checked the box e - "Spouse of USC" - and wrote down my name & my SSN next to it & signed the W7.

    3/ We sent the W7 along with my 2008 Tax return. (My 2008 Tax return was filed as single with no dependent)

    The reason they denied:

    You did not attach a valid U.S. federal tax return to your Form W7 or your name did not appear as the primary, secondary or dependent on the valid U.S. federal tax return submitted, as required.

    A valid U.S. federal tax return will be processed with a temporary IRS number. In addition, a valid U.S. federal tax retun submitted with a rejected Form W7 application for a dependent or spouse will be sent forward for processing. The dependent exemption will be disallowed, and a spouse who is declaring income will be assigned a temporary IRS Center Number.

    If you stil require an ITIN, you will need to complete a new Form W7 and submit it with valid and unexpired supporting ID. Please attach it to a copy of your original tax return. Clearly indicate that the tax return is a copy, and sumbit it to the address shown at the top of this notice.

    Facts about our situation: my wife is my dependent and she doesn't have any income in Vietnam. So, must my wife file a US tax return even though she has no income just in order to apply for an ITIN? Or does she have to wait until I file my 2009 Tax Return (in 2/2010) as joinly filing and her name as a dependent, and submit that 2009 Tax Return with the new W7?

    Thanks for your help.

    Peter

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