Grahm&Sarah

Do you guys think it would be OK to just print out these scans (which like I said look they were faxed to a number in the states on the date I was in Russia) and have her take that in?? The cover sheets show the number it was faxed to, I could omit those, but then they may wonder where those pages are too. I just didn't want it to look suspicious in anyway....Does it?

Grahm&Sarah

HELP! I arrived in Russia for my fiancee's interview, we were organizing our paperwork, and I can't find my tax transcripts anywhere. I can't believe this.

Today, I had the IRS FAX my transcripts to a U.S. kinkos-style place thinking they would turn around and fax them to me here. The kinkos-style place now refuses to fax them internationally (and I don't know ANYONE who lives close by who could do it), but will SCAN them to me by email and I can print them out. The only thing that looks different about them is the cover sheet (2 times, 1 in front, 1 in back) and that it has today's date and time on them and page numbers, i.e. pg 4 of 7.

Is this going to be ACCEPTABLE for Sarah's interview? Does anyone know? I don't know why I didn't just have the IRS fax directly here, but 1) I didn't think they would fax internationally and 2) I don't have a fax number here, would have to find someplace.

Is there another solution to this? We don't have enough time to have them mailed to me in the u.s. and then mailed to me here before her interview. Does anyone know if the IRS will fax internationally and/or DIRECTLY to the consulate? Is this even a good idea to fax them that days BEFORE the interview? Can the IRS directly EMAIL the tax transcripts? What are my options?? Any advice in this nightmarish situation would be greatly appreciated!!!

Thank you!

Grahm&Sarah

You don't need tax transcripts if you have copies of BOTH, the tax return and the W2.

Diana

I get 1099's, do I need to make copies of them ALL for the year? thanks again

If I file my 2008 taxes NOW, when will the tax transcripts for 2008 be available to me? Does anyone know? Thanks very much!

Grahm&Sarah

Around June.

Really?? Then how can I get tax returns/tax transcripts for 2008 to show the consulate? Please advise!

If I file my 2008 taxes NOW, when will the tax transcripts for 2008 be available to me? Does anyone know? Thanks very much!

Grahm&Sarah

help please....

The requirements tend to vary by country and visa category. I'm not familiar with the N/A visa. Please clarify.

I apologize - k1 visa. Any ideas?

help please....

the consulate asks for last years tax return only and last year I made enough to qualify. But I know sometimes they can ask for 3 years if they want to and I did not make enough in 2006 and 2007. Is there any legal rule on this? It should be ok because last year was good but I know they CAN use the other 2 years as a reason to deny, right? A co-sponser is not available for me, or an option for me... please, some advice on this?? Thank you

Grahm&Sarah

I need help!!!

Im considering canceling my petition for fiancee but im not sure if its the right thing to do.

Here is my situation... I am from the US and my fiancee is from the UK, we have already filled for our petition for fiancee and have receieved our frist notification about 5 months ago.

With hope that we will be hearing something we have been looking in to the next steps. We have been looking in to the medical exam needed and that is where we are worried.

My fiancee from the UK, 2 years ago was addmitted for drug use and anxiety. He is compeltey clean now and hasnt touch a drug since but we are worried having this on his record will cause them to deny us. He has no criminal record and if he took a drug test now he would be clean! But im not sure if having that on his record will come up.

We are debating if it is better to cancel our petition for fiancee... wait a little... and get married in the US and apply for the adjustment of status. But i wasnt sure if they would just end up denying his adjustment of status if they saw that we had a pending fiancee visa and cancled it? Any advice would be amazing! We are kinda freaking out!!!

Drugs don't stay in your blood forever. If he hasn't used anything for over a year, it cannot show up on his blood test. Just an FYI. And I don't think they check your medical background history. Hope that helps

Grahm&sarah

Ok confused again. My NOA2 says the NVC will send me a letter when they have forwarded the petition to the embassy. But people on VJ have said they got a letter from the NVC just saying NVC received their petition from the USCIS. which is it? Can some people who have gotten their petition forwarded from NVC to embassy please chime in on this one? What exactly am I expecting in the mail from the NVC and approximate waiting dates??

Thanks

grahm&sarah

We just received our NVC letter a few weeks ago. The NVC letter is only to tell you that they have received your file and that they will be forwarding it to the appropriate Consular offices within a week or so. It will include your INS number (receipt number from your NOA1), your case number, and the address where your case will be processed (Consulate/Embassy). As far as waiting times, I can't say for sure when you'll get it because I think it depends on the Service Center you went through. If you went through Vermont, you should probably receive your NVC letter about a week to a week and a half after receiving your NOA2. I have read some posts about the California service center where people say they have already been waiting over 30 days for NVC to receive their file with no luck. So....I suppose it just depends.

The site they supply you with is www.travel.state.gov/visa/immigrants/types/types_4323.html "to determine if the processing post has any information of which you should be immediately aware" Scroll down the list given to find your Consulate and see if there's any extra info you should be aware of Hope that helps!

Best of luck!!!

Thanks for your input. Did your NVC letter include the embassy case number? Thanks

grahm&sarah

Ok confused again. My NOA2 says the NVC will send me a letter when they have forwarded the petition to the embassy. But people on VJ have said they got a letter from the NVC just saying NVC received their petition from the USCIS. which is it? Can some people who have gotten their petition forwarded from NVC to embassy please chime in on this one? What exactly am I expecting in the mail from the NVC and approximate waiting dates??

Thanks

grahm&sarah

Background checks happen at NVC stage and, according to their employee I talked to the other day (and maybe even the forum here itself) , they seem to be happening more often these days.

It's called Administrative Processing, a.k.a. AP and it takes anything from a few days to a few months. Or maybe even forever, because the only information they will give you is - timeframe is indefinite.

Nobody knows what exactly happens there, or why. Or whether or not it affects the outcome of your interview.

Right now, some kind of average processing time for this AP mystery is 6-7 weeks. According to people who have been through it recently and happen to be members of this forum, of course. Otherwise, it's all unknown.

OK 2 more questions

1) if the NVC does the background checks, what exactly does the USCIS do?

2) has anyone ever had a case denied or sent back by the NVC AFTER it was approved by the USCIS?

Uhh. I'm far from some expert, so here are my (#######)shots:

1) USCIS does all the work that either approves or denies a petition. What exactly those things are, I am not really sure. Probably has to do with the petitioner's status (married/notmarried, USC/notUSC, etc.) I am not really sure they have the ability to check anything concerning the beneficiary. Of course, they make sure all the submitted paperwork is sufficient, too and that it meets the requirements.

2) NVC doesn't do much, I assume, if a case gets received and forwarded within the regular timeframe (a few days, as much as I've noticed). If a case gets stuck, it is for a reason basically never disclosed. I would assume that, for some people, something pops up that requires further and more detailed research (name, the same or similar to someone else's, whatever red flags.. blabla..). On top of that, I also asume that a whole lot of petitions end up being stuck in AP - at random. Those probably just sit on someone's desk until they remember to forward them to where they belong.

Badgerella, are you saying that the NVC is background checking the USC or the beneficiary at this point? Can AP happen during the USCIS stage as well as at the NVC stage? thanx

Jonas

Hi, yes, this is what I want to know too...when is the FBI background check done on the USC?

Background checks happen at NVC stage and, according to their employee I talked to the other day (and maybe even the forum here itself) , they seem to be happening more often these days.

It's called Administrative Processing, a.k.a. AP and it takes anything from a few days to a few months. Or maybe even forever, because the only information they will give you is - timeframe is indefinite.

Nobody knows what exactly happens there, or why. Or whether or not it affects the outcome of your interview.

Right now, some kind of average processing time for this AP mystery is 6-7 weeks. According to people who have been through it recently and happen to be members of this forum, of course. Otherwise, it's all unknown.

OK 2 more questions

1) if the NVC does the background checks, what exactly does the USCIS do?

2) has anyone ever had a case denied or sent back by the NVC AFTER it was approved by the USCIS?

ok let me clarify and hopefully someone will take a moment and answer: What I mean is, once your k1 hits the NVC, what happens there? Are there ever any holdups at the NVC? Thanks

Hey everybody first of all I want to thank you in advanced just for reading this. This website is really a godsent because it has so much info thats really helpful. My fiance lives in Dominican Republic he is 20 years old and so am I. We have been together for the past 4 years. We have proof of our relationship; letters, pictures, emails, plane tickets. All the other paperwork ex. Birth Certificates etc. There is only one problem I have or lets call it a doubt. I am a full time student and don't file taxes because I am exempt because of school. My brother has offered to be my cosponsor he make around 60,ooo a year. which is more than enough. Is it possible to file an affidavit of support by me with no income basically and have my brother be the cosponsor. Trust me he wont be on welfare which is what everyone tells me. He has many family members here who will take care of him and get him a job. Please tell me if its possible or if you have done it and how did it go and if possible tell me how you did it. Any information will be appreciated thank you!!!

Hi, from everything I have read, that will work perfectly fine. There are a lot of posts about this. You are in school, so that makes sense you aren't working. No problems... just have your brother fill out the 134 and get his tax returns and letter from his employer. Hope that helps

Hi,

I am really clear on the NOA1 and 2 and Packet 3 and 4 + interview.... but is the NVC anything?

what is the NVC exactly and where is it? What happens there? How long does your k1 stay there? Is there any way to know when it heads out again?

Thanks very much and sorry for the naive question!

Grahm&Sarah

i am august '08 k-1 vermout filer and the other name on my birth certificate is diff from the other name in my passport , school records. i was wondering if this mite be a problem at the interview stage.i.e i have been usin the birth certificate for applications to other countries like UK and France. Guyss let me know wat's up!!...thanxxs

Why is the name different? Did you legally change your name? If so, include proof of name change. Did you send birth certificate AND passport to the USCIS already?

Grahm&Sarah

Also, different how? For instance if birth certificate says William Howard Taft and passport says William H. Taft, no problem. If the passport says Howard K. Smith then we have a big problem. If birth certificate shows maiden name Taft and divorce certificate indicates Mary Taft divoced Howard Smith and passport name is Mary Smith, again probably no problem.

What's the story?

well, its the middle name on the birth certificate that is different...not for any other reason, i just didnt like the middle name and like 12yrs ago i started usin one of my other numerous other names given to me by my parents(i av a couple of other names but not indicated in the birth certificate). i am the beneficiary of the K-1 visa. i av used this same birth certificate to apply for visas to the UK and France years ago nd i still renew my visas wit it and also all my school records, drivers liscense and certifications have the "new" middle name on it. i just want to knw since i av never applied for any form of American visa if this would be an issue. My first name still remains the same!...thanxxss

If your first and family name remain the same, I doubt there will be any issue. You might want a notarized affidavit from a parent explaining how and why the change took place, just in case.

pushbrk, what is your opinion or knowledge on those who changed their name legally from their birth certificate? If the birth certificate needs to be shown at the consulate, would it be better to send in the beginning to the USCIS as to not confuse the consulate or better later? Do you think a legal name change (with proof) would result in delays and two separate background checks?

i am august '08 k-1 vermout filer and the other name on my birth certificate is diff from the other name in my passport , school records. i was wondering if this mite be a problem at the interview stage.i.e i have been usin the birth certificate for applications to other countries like UK and France. Guyss let me know wat's up!!...thanxxs

Why is the name different? Did you legally change your name? If so, include proof of name change. Did you send birth certificate AND passport to the USCIS already?

Grahm&Sarah

Thanks all. I just about had a heart attack when I saw something new on there. This process is so trying. It has been longer than 90 days already, however and this is the first I have seen that.

Grahm&Sarah

I am currently waiting on my NOA2, and I check daily the USCIS website. Have seen no action there until today, it said my password would expire soon. huh? Has anyone ever seen that before? Does it mean anything? Praying it means I will be approved soon, hence, won't need the password - but can it mean something negative? Or does it happen to everyone?

Thank you

Grahm&Sarah

http://travel.state.gov/visa/frvi/ineligib...ities_1364.html

Hi, I think this link refers to the beneficiary and I believe the OP is the USC petitioner. He wants to know will his past U.S. record hurt his petition, is that right?

Some good questions about this proof stuff, When you applied for the Visa you had to follow strict legal requirements, which you met if your I-797 was approved, now enter the Consulates which have the same strict legal requirements for a denial but resort to a subjective standard ( how many visits, phone calls, one can get the idea) in many of these denials.

A very good point in that the uscis is not the ultimate deciding factor. Although, the visa is only applied for after the uscis approves the I-129f petition (I-797/NOA2). What you have with your NOA2 is merely an approved petition which then enables your fiance to apply for the visa.

Subjective standard is a very good way to explain how each Embassy decides whether or not a visa is approved. Those higher fraud posts will most likely look for any red flags they can find to dissprove the relationship (age difference, recent divorce, short courtship...etc, etc) ...and then make you jump through hoops. We can blame the CO, the Country, the system, even people on power trips... but ultimately it is those who have abused the system that make it so much harder for the rest of us.

Therefore, it's very important to provide any and all evidence of a bonafide relationship that you can, especially when dealing with these places. If your relationship is true and you are prepared and diligent in your efforts it's very likely you will succeed in bringing your loved one here...eventually.

First I would like to thank you for your interest in this matter, but a I-797 approval is Prima facie evidence that all is legal, if the Consulate finds something after this fact it may issue a denial, something illegal not subjective.

The approval means the requirements have been met that qualify the beneficiary to "apply for" not "to receive" a visa. Petition approval is pretty much an objective process. Approving a visa application is indeed highly subjective. Consular officers do have additional information as a result of the information submitted by the visa applicant. In Guangzhou, that includes the very detailed GIV-24 form, the visa applications themselves and the answers to interview questions. As such, it's wise to prepare accordingly.

Well tell me is someone blowing wind with the following?

“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

That's a fair question but words mean what they mean, not what we wish them to mean. Consular officers have concrete information no provided with the petition. An example would be something we've seen recently. The petition was filed shortly after the couple was together in person but the interview didn't happen until 17 months later. The couple had not seen each other during the preceding 17 months and had little other evidence of bona fide ongoing relationship. Additionally, the visa applicant was unable to answer some basic questions one would expect a fiancee to know about her fiance if the relationship was bona fide. USCIS did not have access to any of that information when the petition was adjudicated.

7. above mentions "the requirements for classification - which are examined in the petition process - have been met. " "Requirements for classification" in the case of a K1 case, simply refers to having met a set of basic requirements like both being free to marry, the petitioner has status as a USC, there are no AWA convictions or terrorist concerns and they've met in person within two years. Judging the bona fides is still up to the Consular officer.

Further subjectivity enters the scene as the Consular officer makes decisions about questions and follow-up questions based on their judgment of what they see and the answers they are given. Most visa denials occur because of poor interview preparation or actual concrete evidence relationships don't meet the reasonable person standard for concluding the relationship is bona fide.

The best way to assure success is to actually have and live a bona fide relationship and for the beneficiary to be fully informed and prepared for the interview.

pushbrk - do you have any links or forms to help someone prep thoroughly for the interview? I am sure many of us newbies would appreciate that.

Thanks

Grahm&Sarah

Hi all,

I'm back in USA now and ready to submit I-129F this Monday. But before doing so, i would like to get some feedback on my filing. This is what i will send this coming Monday the 5th. Please help me and sorry if this is a repeat question. i just want to get things done correctly. Each section i will insert a divider to help things organized. Thank alot.

- Personal check

- I-129F

- I-129F Addendum: Part B: Information about your alien fiancé(e), Question 2, Address

- G-325A and one passport style photo (Petitioner) (all pages)

- G-325A and one passport style photo (Beneficiary) (all pages)

- Copy of entire page of US Passport (Petitioner)

- Orginal Letter certifying intent to marry (Petitioner and Beneficiary)

- Orginal Engagement Statement (2 pages, Khmer/English) with Notary

- Orginal Letter of guardian’s consent to get engaged (2 pages, Khmer/English) with Notary

- Orginal Extract of Birth Certificate (2 pages, Khmer/English) with notary

- Proof of having met in person in the past two years (Copy of plane ticket, receipts, & pictures)

- Proof of ongoing relationship (Call histories)

Please let me know if i miss anything. Again, thanks for the help.

Looks good, except you don't need to send her birth certificate at this juncture.

How old are you guys that you need parental consent?

Good luck

grahm&sarah

Hi guys! Thanks! My big red flag is that I was still married when I met my fiancee. However, I keep reading that this happens quite frequently. I filed my petition right after I got the divorce decree in the mail! That and I don't have a spot-free background, so far people say this won't cause a denial, but we'll see.

I wonder why some consulates are so difficult compared to others, especially when I would guess there is fraud that goes on at ALL OF THEM at some point or another. hmmmm. Anyway, glad to hear Moscow isn't one of them. WHEW.

Grahm&Sarah

There is a lot of great and helpful information here, and it seems perhaps the expunged felony will show or not. But as the O.P. in this thread, is there any black and white specifics on whether or not this is grounds for denial of a petition? Has anyone on here had a felony, not AWA, that got approved without problem? Feel free to message me privately if you wish. Thank you again everyone.

Grahm&Sarah

Yes, petitioners still on parole for felonies have had their petitions approved and loved ones issued visas. I can't point to their posts, but I've seen them. It's been a while. The key here is that we know the list of things that qualifies the USC to have their petition approved. A clean criminal record is not on the list. The recent Adam Walsh Act changed that somewhat but only for certain crimes covered in the act.

It's important to note your original question (in post 5 of about 70 in this thread) and subsequent answer that began the long discussion.

Q. I understand that, no, it was not a disclosable crime. Will it show up on the background check as expunged or just not show up at all? Does anyone know?

A. Yes, of course it will show up but even the crimes that must be disclosed are not a justification for denial. You'll be denied if the crimes fall under the Adam Walsh Act. Otherwise you could be a felon on parole and get a family petition approved. It's when the intending immigrant has a criminal record that you need to worry.

The long discussion has been about the first half of the first half of the first sentence of the answer. There has never been any disagreement about the rest of the answer. Nobody has even hinted that a non-AWA conviction would negatively impact petition approval except that I think I noted terrorism related convictions, charges or suspicions probably would do so as well.

There's been some attempt to change the focus from whether and expunged record would be visible to which crimes the service is interested in and one has completely ignored the direct references indicating expunged records are available for law enforcement purposes. As an aside, private companies like Equifax and others who independently gather public information are not required to expunge (neither segregate or delete) their records after an expungement lawsuit is successfully completed, but they are not a factor in visa cases.

Also ignored was the fact I consulted with two of my direct sources in the FBI and State Department's law enforcement division asking them directly if they've seen expunged criminal records. The answer is yes.

The difference in how a USC and immigrant are treated in this regard has to do, not with whether expunged records are available and seen in the background check but whether and how the record would impact the case. The difference in that regard is significant but never an issue debated in this thread becaue there's no evidence of disagreement on the issue.

It is not simply my opinion that expunged records are available to and routinely seen by USCIS staff during petition adjudication. It is a fact, I've researched directly with two sources and on the internet with several more. William33's recent additions to the thread both in personal knowledge and citation further bolster the evidence of fact, not opinion. There's been an attempt to make the discussion about my unwillingness to learn from another poster when the fact is, I'm unwilling to be convinced by anybody that right is wrong. For me, the discussion has been about the facts, not the people doing the discussing.

I hope you'll now relax secure in the knowledge that unless you're a terrorist or have an AWA related conviction on your record, you need not worry about a prior conviction causing your petition to be denied.

Thank you very much pushbrk. On the other side of this, if the USCIS will be able to see the felony, will they also be able to see that it was, in fact, EXPUNGED? My question is will it look like a regular felony to them when viewing or will they at least know it was expunged as well? Hope that is clear. I appreciate all your time and work to find out the answers.

Thanks

Grahm&Sarah