JAPrincess

Hi VJ members,

I am new on here and was wondering if anyone had a recent reaffirmed petition from USCIS. My petition was reaffirmed on 7/3/2013, sent to NVC and then to the Jamaican embassy on 7/24. Emailed the Jamaican embassy and was informed that they received it on 7/31. Was also informed in the email that there are internal process that has to be completed and then the beneficiary would be contacted. No status update on CEAC, so we are just here waiting in limbo.

My question is, Does anyone know about how long before they schedule a second interview? Or what experience have you had with a reaffirmed petition?

Our petition was Re-Affirmed in December of 2011, it was received by the Embassy in Kingston in January 2012 and they scheduled our interview for March 2012.

We had another member with the same experience, interview date aprox. 2 months after re-affirmation. Hope this helps!

Probably the best link I have ran accross on this site, thanks for sharing.

Perhaps we should get a petition together to Mrs. Clinton to have her staff read the linked material.

Oh, there is more than a petition, there is a class action lawsuit!

http://entrylaw.com/tranclassaction.html

It was thrown out of a federal court in Oregon in 2011 siting the "Doctrine of Consular Non-reviewability" <~~ Google that if you really want your head to hurt but it basically says there is no recourse against the consular's decision. No legal action can be taken against them.

They have filed an appeal and oral arguments were heard last week.

I have an UPDATE. My fiance was contacted by the embassy by phone around 4pm. They called him, blocked number, it was a man. He said that he was sorry about today and they are going to generate a new interview date for him to come back in. The "system" will print it off and it will be mailed to him, he should receive his new appointment date letter within 2 weeks. He said that he will need to return with more proof and bring more pictures. Make sure to write the dates on them. He said just bring pictures and it does not necessarily have to be pictures of us together, it could be ones of me alone at my house that I send to him. He does not have to do any of the forms or fees again; only pictures or proof. I do not understand and I do not get it, but hey, at this point, we will take anything they want to give us. So now, more waiting...

Good!

Try to think of anything else he can bring as proof of relationship...

Did you send affidavits from friends and family? It can really help.

Could you go down and wait in the courtyard on the next interview date?

Wishing you all the best, someone at the embassy caught this, undated pictures are not enough to deny a visa.

As for the concern about money, many many relationships of this sort (immigration) share the same economic conditions. It is VERY COMMON for the consular to ask for Western Union receipts and very common for people to help support their significant other's abroad, especially if they come from a country of lesser means. It is not an automatic red flag if someone is sending reasonable amounts of money to their fiance' or spouse.

Please read the rules that consular officers SHOULD be following in regards to denying visa's based on suspicion that the relationship is not valid:

Providing solid evidence of fraud or misrepresentation in a petition relationship may not be achievable in many cases, particularly those involving marriage or relationship fraud. The FAM guidance on revocations makes this point on several occasions -- posts seeking revocations must show the "factual and concrete reasons for revocation." USCIS has asked us to remind consular officers that revocation requests must provide solid, factual evidence of fraud or misrepresentation, evidence that is likely to stand up in a court of law. In the case of sham marriages, for example, 9 FAM 42.43 N2.2 notes that USCIS requires at the least either documentary evidence that money changed hands between the petitioner and beneficiary or factual evidence that would convince "a reasonable person" that the marriage was entered into solely to evade immigration laws. Without such evidence, USCIS will be unlikely to obtain a petition''s revocation if a petitioner chooses to contest a notice of intent to revoke.

No "deep sixing"

From here: http://travel.state.gov/visa/laws/telegrams/telegrams_1415.html

OMG!!!!!!!!!!!!

I am so tired of Kingston doing this to legitimate couples!!!!!

I know of one member that e-mailed the embassy the same day telling them she would be there next week and that she would bring whatever they needed for proof. They scheduled another appointment and he got through. Please try this! E-mail KingstonNIVemergency@state.gov

I will try to contact her and see if she has any details about what she said, or try to find that thread for you.

Call your congressman ASAP! Today, Now. Go to their website and print out the release form under constituent services and send it to them.

Catch it before it leaves Kingston or you are in for a long road

I am sorry for your pain.

Do you mind sharing this with us if you can and perhaps on another thread so as not to derail this one. I for one was not aware that a lifetime ban could occur due to marijuana.

To be clear, it must be a conviction of a drug offense, not simply testing positive or admitting to use, to receive a permanent ban.

You can read my entire timeline in the "About Me" section of my profile.

You can read this thread of mine from last year with a bit more details: http://www.visajourney.com/forums/topic/331836-ineligible-for-a-waiver/

Since then I have joined an organization called American Families United seeking change to the immigration laws in the form of waivers for immediate relatives, visas for family to visit and most recently we have had an influx of members suffering from 221g refusals like our friend here SWEETEPIPHANY67.

Aye sah...

so much speculation and miss-information in this thread!

SWEETEPIPHANY67 I am sooooo sorry

Sus is right! You must find out exactly WHY the CO questioned the validity of the relationship.

Even if you marry now and file a CR1 you will need to address these concerns. The Embassy will send your case back to USCIS for revocation based on their belief that your relationship was for immigration purposes only. When they do this they must include SPECIFIC reasons for their denial. You can get this information by filing a Freedom Of Information Act request for the Department of State asking specifically for the consular notes on your returned petition: http://foia.state.gov/foiareq/foialetter.asp

Because you are at the Vermont Service Center you may have an opportunity to respond to a Notice of Intent to revoke and keep the K1 alive to wait out the ban.

As for the marijuana use it kills me... my husband has been permanently banned from our country. If I were charged with the same "crime" in my state I would pay less of a fine than I would pay for talking on my cell phone and driving.

I am here to support you

yes, if he misrepresented himself in order to gain an immigration benefit he is inadmissible. He will most likely be denied a visa at his interview and will be offered the opportunity to file a waiver. Waivers are not an easy thing. Please get a lawyer to help you prepare if at all possible. The processing time for a waiver in Kingston is 2-4 months last I heard.

Please read these links:

http://mshale.com/2008/12/01/immigration-fraud-misrepresentation-and-the-use-of-a-212-i-waiver/

http://www.scottimmigration.net/content/i601memo

Sample Cover Letter for DS230 Package:

http://www.visajourney.com/wiki/index.php/DS-230_Cover_Letter

Sample Cover Letter for AOS Package:

http://www.visajourney.com/wiki/index.php/I-864_Cover_letter

Best of luck on your Journey

Yeah i know thats the site answer, but they do cuz i did it all the time. Just have to find my notes!

They DID at one time, the consular section no longer takes phone calls.

Okay, so they are saying it was about 3 weeks turn around time... one member say I should tell you her fiance' went to a place tht did his swab they sealed it sent it to the lab they call make an appt with beneficiary to come do swab at embassy then that gets sent to the lab then a week later the results gets sent to embassy

They ALWAYS say that, but that is NOT always the case!~

There have been plenty of members who have gotten their interviews scheduled at all times of the month.

Once the date is set, ask them what EXACT day the case was sent to Kingston and I can help you track it through DHL

There are quite a few members who have gone through the DNA process in JA.

I have sent them this link so hopefully they will come with more details.

I know they used this company http://www.dnacenter.com/

Maybe their customer service line can help answer your questions in the mean time

Yes, the Visa Fee is $240 and must be paid at any NCB branch in Jamaica.

Make sure your Fiance' brings his passport with him when he goes to pay the fee.

You must bring the receipt to the interview at the embassy.

Kingston will no longer allow you to pay this fee at the embassy.

http://www.state.gov/r/pa/prs/ps/2012/03/187114.htm

Congrats!!

Next Steps:

Get your KNG# case number from NVC and give them your husband and your e-mail address

Have your husband send the Choice of Agent e-mail to NVCInquiry@state.gov

Here is a link to the Choice of Agent e-mail format: http://www.visajourney.com/wiki/index.php/Email_DS-3032_form

After the NVC accepts you as his Agent they will send you an e-mail with the AOS fee and IV bills

You will then be able to log onto the payment site and pay the fees

Have your husband gather all his docs and send them to you

DS230 - Part 1&2 (only sign part 1)

2 passport pictures

Photocopy of the bio page of his passport

Original Birth Certificate

Original Marriage Certificate

Original Police Report

These are links that I found helpful with our CR1:

http://www.visajourney.com/wiki/index.php/DS-230_Cover_Letter

http://www.visajourney.com/wiki/index.php/I-864_Cover_letter

http://travel.state.gov/visa/visa_4354.html

Best of luck in your journey

He may not remember, but he should have gotten some vaccinations if he attended school as a child.

My husband went to the local clinic and they were able to provide him with a shot record that he took to his medical appointment.

Even if your fiance' does not have any record of ever having shots, it will be ok, the doctor will give the specific shots he needs based on his age.

The cost, unfortunately is not cheap!

And YES, a K1 does have to get vaccinated! It is possible he will have to get booster shots from a Civil Surgeon here as well before you can Adjust his Status here in the US.

I am sorry to hear about your situation, I know what it is like to suffer from medical problems and still have to raise kids alone.

Don't give up hope that the biopsy comes back fine

In the mean time, you can prepare to request an expedite. I have quoted the USCIS page on requesting expedites below.

I requested an expedite with my CR1 petition but that was over a year ago now. You should call USCIS to inquire how to properly submit the request. I basically sent a written request based on my qualifying criteria and provided documentation to back up my claim. (medical records). After I submitted my request I went to my Congressman for assistance in getting my petition expedited. I don't know how much effect the congressman had, but they were helpful to me in making sure I had the correct documentation and best chances for approval. My request to expedite was approved within a week I think.

Expedite Criteria

All expedite requests are reviewed on a case-by-case basis, and are granted at the discretion of the Director. The burden is on the applicant or petitioner to demonstrate that one or more of the expedite criteria have been met. The criteria are as follows:

Severe financial loss to company or individual

Extreme emergent situation

Humanitarian situation

Nonprofit status of requesting organization in furtherance of the cultural and social interests of the United States

Department of Defense or National Interest Situation (Note: Request must come from official United States Government entity and state that delay will be detrimental to our Government)

USCIS error

Compelling interest of USCIS

Note: Discretionary expedite requests for petitions and applications that have Premium Processing Service available will not be considered for expedite processing. The only exception is when the petitioner is a not-for-profit organization designated by the Internal Revenue Service. For information regarding premium processing, please refer to the premium processing webpage.

If you have already filed your application or petition:

You can make an expedite request by contacting the National Customer Service Center (NCSC) at 1-800-375-5283. The NCSC will take a “service request” and forward your expedite request to the office with jurisdiction over the application or petition. You also have the options of 1). visiting your local office by scheduling an InfoPass appointment or 2). writing a letter to the local office or service center.

Source

sigh...

I am sorry you have had this happen Meredith. It upsets me on many levels, but I want you to know that there are many of us that can help get you through the next year, and tho it will take time, this can be overcome!

Gary & Ala you really helped me in my first petition as a K1 and I was always grateful to you, but your statement that admission of marijuana use is a lifetime ban is incorrect. Admission of cocaine use is not even a lifetime ban. Only a conviction or arrest that relates to a controlled substance is a lifetime ban from our country.

A person who admits to using drugs will be banned for a specified amount of time in order to prove remission. In 2010 the ban was changed from 3 years to 1 year. http://travel.state.gov/pdf/Revised%20Tech%20Instructions%20Phys%20Mental%20Substance%20Disorders%20-%20June2010.pdf

Say what you want to say about how people should not be using this horrible illegal Schedule 1 drug, but the truth is even our past Presidents have admitted to experimenting with Marijuana and it is NOTHING close to heroin! There is a HUGE push for a change in federal legislation in regards to this, not only from American Citizens, but also from other countries around the world!

http://www.drugpolicy.org/news/2012/04/president-obama-attend-summit-americas-colombia-weekend-discussions-include-drug-decrim

Jamaica is the only consulate I know of that will ask the specific question several times and in several different ways trying to get someone to admit they have used marijuana. To me it is heartbreaking to see families kept apart over something even our leaders have admitted to doing.

And yes, it's not the worst place in the world to have to move to They even have free healthcare - can we say that? (okay, so far, it's a pretty crappy system, but still, free, eh? eh?)

The public health care in Jamaica is horrible.

I am praying for you

I would like to add that even tho the I-864 only requires the last year tax information, Kingston is notorious for requesting to see the last 3 years. Better to be safe and have 09,10, and 11 tax transcripts.

:dance: :dance:

Thanks Captain!!

It is definitely less expensive to do the CR1 and in my observation, the CR1 is MUCH better in terms of the stress level once they get here. Too bad ya'll did not have this discussion last week before you sent the fiance petition Could you stop payment on the check?

Hi,

As a final semester grad student and with fiances crazy work schedule, a well-planned wedding is not on the cards right now. We do want to be together and did consider eloping in December 2011 while he was visiting Jamaica. We both hate big weddings with all the hoopla, but we do plan on having both parents, best friends at a small beach wedding we want to have by the beach in Jamaica in December 2012.

My question is, we want to do a courthouse wedding and I want to know if we go to courthouse to get married, will this ruin our chances of getting the CR-1? At the most my sister and his best friend will be the witnesses at this first service. I ask this question as I notice that persons have a "million" wedding pictures and while we would have wedding pictures, it would not be a large event? So, has anyone else simply did a courthouse wedding and been successful? Can I amend the pictorial evidence to show the inclusion of more family members by adding the second wedding pictures to the album? assuming the current time lines I see on here, we should be married before the interview stage). The other niggling question is that a lawyer told us we HAD to have engagement pictures, which we have none...shoot, he proposed in Kay's Jewelry store in North Carolina- that kinda wasn't planned and hence no pictures (lol)

Sorry for the many questions but we want to do what is right for us (we do not want a big wedding just for show) and what will work for our application process....

Kingston is not so much worried about the wedding pictures as they are about the bonafides of the relationship.

When did you meet, how did you meet, do you have children, how do you communicate when apart and how often, proof of that communication.

Yes they will want to see pictures, wedding pictures are good, that parents will be there even better, but all pictures count.

Affidavits from parents attesting they believe the marriage to be genuine. Shared finances,joint bank accounts etc.

Get married when, where and how you want to.

It is the meat of your union that matters, not the pictures produced on one day.

I have no idea what that lawyer meant about having to have engagement pictures unless you were applying for a fiance' visa, then you would need a picture proving you had met in person.

EVERYTHING must go through NVC before going to the consulate abroad. NVC inputs all info into the main database and then forward it on to Kingston. It very rarely takes more than 2 weeks to get to NVC and usually with a K1 petition it is forwarded right away to Jamaica. You need to call NVC on Monday and speak to a rep. when they tell you they have your petition ask them for your KNG case number. This will be the way your case will be identified in Kingston. Good Luck with your journey