krystiandjon

We're heading off to Pagosa Springs in Colorado tonight for a week's vacation. We're driving, so am looking forward to doing some sightseeing between Iowa and there ...

Hehe...the best way to sightsee between Iowa and Colorado is to get on the interstate and drive like mad until you hit Denver!

Seriously, Nebraska's best driven through at night, when you don't have to pretend like there's something to look at!

Have fun and best of luck on your AOS!

As a frequent lurker in this thread, I thought I'd add a little experience we've had.

I don't know if anyone else is trying to qualify to support their spouse using current income with a past year's tax return well under the poverty level, but apparently you cannot use the I864EZ, even though you're only using income to qualify (no assets necessary). Maybe that was in the instructions and I missed it, but I suspect it's not.

So we got an RFE requesting an I-864. Really not a problem as I currently make well over the poverty level, but worth knowing in order to avoid an RFE in this part of the process.

Free of our moves is not a privilege (given by somebody because we are nice) but rather a right and at this moment I have to make many concessions around my life just because this moving restriction that was imposed to us..

I wish to know one good reason why a K1 can't travel abroad after the first entry. I take it all back if I can have one good valid reason.

I think you're forgetting that every country in the world controls who can and cannot enter their borders (perhaps not effectively, but they try). People of certain nationalities are allowed by the US to enter more freely than others but every single foreign person being inspected to enter every country in the world is given permission to enter (or denied, as the case may be). I know being from a western nation with good relations to the rest of the world, you're probably under the impression that travel is easy and a right you have, but the simple fact is it is not. Just ask someone from Morocco or even South Africa. That's why we have visas.

As has been stated before, you do have the ability to leave. Just not to come back easily.

Maybe you're confused about the K1 visa and what it allows you to do. As a fiancée, you're given the visa that allows you to marry and adjust status to that of a permanent resident. It is a very limited visa and yes, I think it sucks, and you're currently suffering the consequences of that limited visa. But you did have other options. If you had gone the other route of marrying first, then immigrating and used the CR1 you could come and go as you please and you would have a green card right now. Whether you understood it or not, this was the choice you made by having the wedding in the US and not wanting to apply for the green card out of the country.

Immigration law is not changing any time soon. We are all dealing with it.

Contacting a congressman will do you no good, London will just tell you and the congressman that you shound NOT have made any plans until the visa was issued. To organize and book your wedding that can not be changed is very fool hardy.

Lets all hope that everything gets sorted out in time. I would not wait until the interview date to have the medical as this will delay the issue of the visa. Spend the extra it will cost for the trip south for the medical at least a week before the interview date.

True. In the interview letter they usually state precisely that. Do not make plans until your visa has been approved.

In our case, at about the same point you were at (8 weeks, no response, wedding getting CLOSE!), we did contact a senator we had worked with before because our case took more than 6 months at USCIS. His staffer was very understanding, sent an email to the embassy and in 3 days the embassy responded to his email with an interview date.

They're more reasonable than you think if you can actually get ahold of them.

And I don't think you're being unreasonable to think that a wedding 5 months after your NOA2 date should be attainable. Granted, things happen and if this process is anything it's unpredictable.

"I am wondering whether or not I can take my citizenship test in the UK before my two years run out on the visa (October 2010) and try to do the visa through London then." If she is a citizen why would she need to take a test to be one ? and is she talking about a 2 year US visa or one for UK ?

The US is not the only country that has a citizenship test. She's talking about becoming a UK citizen because the London embassy has given her the impression that her 2 year conditional residency card to stay in the UK does not give her residency status. That sounds strange to me, but I do recall that you have to have "indefinite leave to remain" in order to apply DCF in London and from the OP's experience, it sounds like the embassy may not accept conditional residency. While it does take longer, applying CR1 or IR1 through USCIS is still an option, like payxibka said.

:dance:

Hot dog! Give us a red star! We are just in from the interview and we are APPROVED! The experience was exactly like everyone says it is... nerve-wracking, tedious, and anti-climactic. However, the first free breaths on the OTHER SIDE of this visa journey were incredible. We are so thankful to everyone here for your advice and wisdom!

THANK YOU!

Congratulations! Did you two just float out of the embassy or what? Excellent!

We've been waiting well over 8 weeks for an interview date and my fiance has called the DOS every day for the last few weeks and we're getting the same 'it's fine, just keep waiting' #######! Should we be worried at all that it's still not here? I know I put down the wedding date as September 24th so that's probably not helping things. Getting quite worried about all the little problems which could arise at the interview, I really can't wait until it's all over and done with and we haven't got to worry about this phase any more. Fed up of my job and general life here in England, and I obviously miss Samantha like crazy! Really is getting too much for me I have to be honest Oh well, rant over. Thanks for reading

The Sams'.

Hi!

Well your story sounds a lot like mine! We waited a ridiculous amount of time for nearly every part of this process! In total nearly 11 months!!! So when it hit the 7 week period of waiting for the interview, we lost our patience and contacted our local senator to request an explanation. Well that did the trick, because 3 or so days after he emailed them, he notified us that we had an interview a week and a half later.......I have little faith in the Embassy, I pretty much reackon that our application was just lying around and had been forgotten! So get your Senators involved, give them a kick up the backside!!! I'm real glad we did, Now I'm here and the nightmare is over!

Take care.

Jon

Well, you're going to have to explain to her family how the US visa process works. Either you marry her and she applies for a visa and leaves 6-12 months later or you apply for the K1, she moves to the US, you get married.

Would they be satisfied with a ceremony that was not legal before you leave together? You'd have to be very careful to make sure its not a legal wedding.

Hi There all!

Well I'm finally in Iowa. It's been a long haul but I'm home, safe and sound! I was wandering if anyone knows a good website to stream Lions matches of their South African tour? I was really hoping to catch some of the Spingboks games. Plus it would be really cool to catch the last game of the tour as my Dad will be over here. He's a big fan of the Boks!

Thanks

Jon.

Oh yeah any sites to stream the twenty 20 games would be very appreciated!!! Or if anyone knows any US channels that would show the games- Both Rugby or Cricket.

When you were refused entry, did they tell you you were no longer eligible for the visa waiver program?

I've heard of people being allowed to enter for a very short time for funerals, but never weddings. Not that I'm saying they wouldn't do it.

Since you're just in the petition stage, as far as I know you can apply for a visitor's visa at the US embassy. If you've been deemed ineligible for the VWP, your explanation of the wedding might be enough to get you a visitor's visa. Then you're gambling a lot less at the port of entry.

Hiya fellow UK K1 Visa filers-

For those who phoned the DOS and got the interview date- how long after you sent in packet 3/checklist before they were able to give you the intreview date?

My finace sent the checklist May 18th (he sent the rest of packet 3 back in early April), and I have phoned the DOS every other day starting last week praying for good news.

Also- had anyone had an issue with a woman at the DOS that doesn't even look up the case. There were a couple of times that I gave the case number and the DOS lady said right away there was there are no updates and she hangs up. Doesn't seem like she had time to look at the case. But I usually phone back and ask again and get someone else who takes the time to look at my case and tells me its still pending and no interview date yet.

Seem like the same chick everytime.

Thanks for any inputs!

White Cow

I've gotten that woman at DOS! I think I must have talked to her a dozen times at least. At first, I don't think I noticed. But she's terrible! So it's not just me she would do that to....

Our interview date took forever and Jon and I were so eager we had one of my Senator's staffers send them an email asking what was up. He sent the email at 7 weeks of waiting and we had our interview date the next day.

Best of luck!

aoifee,

It looks like London is not very consistent with the income requirements. Jon just had his interview on Monday and we were approved using only my income. I make well above the poverty level, but I've only been in this job since October 08 and before was traveling and/or in university. My 2008 tax return was for 14 grand and they didn't even ask me for an employee letter/pay stubs. I was present for the interview. Also, I have a professional job with the state government so maybe the job itself affects their decision making.

My advice is to make sure you have a backup co sponsor.

Best of luck!

Congrats on finally arriving, mrs sdp! Funnily enough, Jon and I are taking his parents out to Rapid City after the wedding....(some honeymoon, huh...). We're excited!

Sammills, congrats on the medical and your patience waiting for packet 4 astounds me! Best of luck!

Approved!!! Interview was great, in @ 9 am out at 11:30. Now, dazed and confused from whirlwind weekend travel, I'm off to work!

I think that deserves at least one dancer

That would work if your sole intention is meeting the minimum requirements. The sponsor may have to pay taxes on the gift from his family members, and the assets after taxes would have to be at least 3 times the difference between the sponsor's income and the 125% poverty level for the number of people who will be dependent on the sponsor's income.

I'm not sure how to read the comment about taxes. In US tax law, gifts are not taxable for the recipient. They might be taxable for the giver.

Up to a $13,000 gift is tax free. And each spouse can give that amount to each recipient. So they can really give them up to $52,000 (13 from each spouse to child and child in law). And it would be taxable to the giver after that.

I did say MAY have to pay taxes, but I guess JERIII may have read that as WILL have to pay taxes. Since we're talking hypothetical scenarios, I just wanted to make the point that gifts aren't always exempt from taxes. I've seen suggestions on this forum that someone let their parents transfer $50K into their bank accounts so that they could sponsor their fiance, and then transfer it back after they adjust status. The money would get dinged twice for taxes. That's why I asked if anyone has tried depositing a bond, since that would seem like a tax free way to guarantee the beneficiary, and the money would theoretically come back at some point.

The last I read, the exclusion was $12,000, but that was for 2008. As you say, each spouse in a married couple can give separate gifts. Their gifts don't have to each be under the exclusion limit, as long as the combined total isn't more than 2x the exclusion limit.

Yes, I was agreeing with you on that point (I can't imagine it would be necessary for the family to deposit more than 52 grand!)

I've often wondered about depositing a bond. Does anyone know anyone that's ever done this? How much was it?

That would work if your sole intention is meeting the minimum requirements. The sponsor may have to pay taxes on the gift from his family members, and the assets after taxes would have to be at least 3 times the difference between the sponsor's income and the 125% poverty level for the number of people who will be dependent on the sponsor's income.

I'm not sure how to read the comment about taxes. In US tax law, gifts are not taxable for the recipient. They might be taxable for the giver.

Up to a $13,000 gift is tax free. And each spouse can give that amount to each recipient. So they can really give them up to $52,000 (13 from each spouse to child and child in law). And it would be taxable to the giver after that.

Good info there Rebeccajo -

Yep - never a good reason to go out of status - or to delay the AOS.

To many problems can come up on you and bite you in the ####.

I agree, but there is a real problem in what was posted. According to the CBP, many people won't have a choice about being out of status. By the interpretation that is described, everyone who enters on a K-1 Visa, marries and then files for AOS is going to be deportable between the expiration of the I-94 and the actual AOS. The CBP does not consider timely filing of AOS to protect legal status.

That's just a mess, which I hope they fix in some way.

Yes, the CBP is definitely given an obscene amount of power over the lives of immigrants. It does seem odd that the CBP would detain someone who did a timely filing of AOS when they must know full well that ICE will not prosecute them for it. It must be a rare occurrence that they detain them. Just one more example of how they have too much power (and how catching a CBP agent on a bad day can make your life hell).

But, in the end, filing AOS promptly before your I94 expires does protect an immigrant from deportation and gives them a legal leg to stand on if something should go awry. That's important.

WHAT! the whole thing only took you 3 months!, yes I need a drink!.

Congratz! enjoy!

Me too!

Congratulations! Welcome to Iowa!

I think the point the OP was trying to make was that if they were going to require a DNA test they had 2 previous opportunities to present that. And it's not required, it's up to the discretion of the embassy. But as we've all learned, efficiency, common sense, and customer service are not something the US government does well.

I'm sorry for your troubles and hope you get everything sorted soon!

It's HCMC. Anything and everything can happen in the name of prevention of immigration fraud.

I'm actually surprised that the OP is surprised. He should have realized this was likely.

Even when you suspect it's coming, it still makes you feel better to whine on VJ

Thanks! They'd been married probably for 3 years or so...but she was "illegal"...

She wasn't "illegal", she was "out of status".

Big difference.

She entered the US with inspection, which is needed to AOS.

If she was illegal, as in, EWI (entered without inspection), or had more "negative factors" against her, other than the overstay, she wouldn't be allowed to AOS.

Ummmm...if your presence in the US does not have a legal status, they are legally deportable and therefor illegally present. The severity of that is, of course, a sliding scale and you've hit that by saying she's allowed to adjust. But it's right to call her illegal.

If you come here with a legal visa, and overstay, until you go before an IJ, your not "illegal", your just in an overstay status.

Yes, of course, you are subject to deportation if your in overstay, that is usually when you meet up with the IJ, and they make the determination.

This is why someone that 'overstays" is usually forgiven to AOS with an USC, whereas an "illegal" (IE EWI) cannot.

Bunch of lawyer jabber going back and forth on the subtle differences.

I understand that you're trying to soften the edges of an illegal presence, but calling it illegal is correct. The overstay in itself is by definition illegal.

I'm wondering why this matters?

You're right. It doesn't.

Thanks! They'd been married probably for 3 years or so...but she was "illegal"...

She wasn't "illegal", she was "out of status".

Big difference.

She entered the US with inspection, which is needed to AOS.

If she was illegal, as in, EWI (entered without inspection), or had more "negative factors" against her, other than the overstay, she wouldn't be allowed to AOS.

Ummmm...if your presence in the US does not have a legal status, they are legally deportable and therefor illegally present. The severity of that is, of course, a sliding scale and you've hit that by saying she's allowed to adjust. But it's right to call her illegal.

If you come here with a legal visa, and overstay, until you go before an IJ, your not "illegal", your just in an overstay status.

Yes, of course, you are subject to deportation if your in overstay, that is usually when you meet up with the IJ, and they make the determination.

This is why someone that 'overstays" is usually forgiven to AOS with an USC, whereas an "illegal" (IE EWI) cannot.

Bunch of lawyer jabber going back and forth on the subtle differences.

I understand that you're trying to soften the edges of an illegal presence, but calling it illegal is correct. The overstay in itself is by definition illegal.

Thanks! They'd been married probably for 3 years or so...but she was "illegal"...

She wasn't "illegal", she was "out of status".

Big difference.

She entered the US with inspection, which is needed to AOS.

If she was illegal, as in, EWI (entered without inspection), or had more "negative factors" against her, other than the overstay, she wouldn't be allowed to AOS.

Ummmm...if your presence in the US does not have a legal status, they are legally deportable and therefor illegally present. The severity of that is, of course, a sliding scale and you've hit that by saying she's allowed to adjust. But it's right to call her illegal.

I think the point the OP was trying to make was that if they were going to require a DNA test they had 2 previous opportunities to present that. And it's not required, it's up to the discretion of the embassy. But as we've all learned, efficiency, common sense, and customer service are not something the US government does well.

I'm sorry for your troubles and hope you get everything sorted soon!

Must be something to do with British males then huh! Well good luck with your flight, how far is it on the plane from Iowa? I really would love to see Samantha but time and money just aren't permitting it right now! I don't want to risk being turned away this far in either... Hope it all goes well for you both at the embassy, will be interesting to find out if you get in okay without packet 4, here's to hoping that 1. it comes on time, and 2. if not you get in okay!

Thanks for the good wishes! Jon received packet 4 today (he had to chase down the postman, who for some reason only delivers to Jon's flat when he feels like it!)

Best of luck to you too!