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Nik+Heather

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  1. Like
    Nik+Heather reacted to baron555 in proof of relationship   
    You REALLY NEED to go to the regional forum and understand very thoroughly what the Embassy in China wants to see.
    It seems that they are a very difficult Embassy and maybe you need more than just emails and chats to prove your relationship. This is very important and you should not gloss over it.
  2. Like
    Nik+Heather reacted to thelastpetitioner in proof of relationship   
    the conversation in whcih you call eachother husband or wife or anything of that sort with any reference to engagement party ( if you had one ) are no nos,that could make a CO doubt that you are engaged and not married
  3. Like
    Nik+Heather reacted to Inky in Received my RFE letter...please help   
    W2 is nothing without the tax return
    You need to send his tax return or tax transcripts for the year 2009.
    Sounds also like they want you to redo the I-864 as well. Not sure of the wording on that tho.
  4. Like
    Nik+Heather reacted to I'm Gone in Not Authorized for SSA   
    Which SSA office told you this? Marriage doesn't invalidate K-1 status. Only if your I-94 is expired or within 14 days of expiring are the only reasons an individual would be ineligible based on the K-1 status.
    If your I-94 isn't within 14 day of expiring I'm sure what the geniuses are doing is looking at the POMS procedure and seeing K-3 spouse of U.S. citizen needs a Form I-766 EAD card to be assigned an SSN and thinking so now that you are the spouse of a U.S. citizen, you must be a K-3 and need an EAD card.
    Unless you are in an area served by a Card Center, you can try another office or go back to that office and keep your mouth shut about being married and apply with the maiden name, or ask for a manager and plead your case.
    Your evidence:
    RM 10211.420 Employment Authorization for Non-immigrants
    https://secure.ssa.gov/apps10/poms.nsf/lnx/0110211420
    C. Policy - Employment Authorization by Class of Admission
    The following policy applies to employment authorization by class of admission:
    1. Aliens Work Authorized Without Specific DHS Authorization
    The following sections list non-immigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD.
    K-1 Fiancé(e) of U.S. citizen
  5. Like
    Nik+Heather reacted to Nich-Nick in Affidavit of Support Question (London Embassy)   
    If you look at the Embassy Reviews of London and read all 506 of them, you won't find one mentioning "They asked about my debts." You're over-stressing and over-thinking and trying to create more work for yourself. With a 43K income, they won't look at your I-134 more than two seconds and won't bring it up at all in the interview portion.
    It would be better to focus on him having only what he needs. A lot of guys get overwhelmed with too many papers and forms and start tuning out when you say, "If they say [x], then you pull out [y], but if they don't then go with [z]. You know all the forms and acronymns like the back of your hand, but it's likely all a muddle to him even if he says "yes dear, I understand." In my opinion (from reading London experiences for more than two years) things not needed in London include further proof of of you relationship, photos, and a new letter of intent. Things most often causing a hold-up of approval are not having the long-form birth certificate with parents' names on it, not including the entire tax return including W-2 form ( if not sending a tax transcript), and not having the proper court documentation if there are any arrests.
    Just saying............
  6. Like
    Nik+Heather got a reaction from Nich-Nick in Advance Parole   
    I know it's been said already, but I wanted to emphasize it a little more so you can prioritize and plan accordingly.
    Although advanced parole is available, you will have a gap when you'll be "stuck" in the US for a few days or few weeks. Of course you can leave, but you may have to start all over again to re-enter the US.
    That gap starts when you first enter on the K-1. As it is a single entry visa, if you leave again, you won't be able to come in to stay without a new, valid visa. The good part about this gap is that more than one member on here has had success actually getting the visa re-validated when they had to leave in an emergency before marriage The other important thing here is time. They will re-validate the visa, but you don't get any extension on your original stay, so if you use up most of your 90 day entry on the K-1, or you stay out of the US for too long this window closes.
    The second part of the gap is after you get married but before you have applied for adjustment of status. If you leave during this time you will no longer be eligible for a fiancee visa (you'll be a wife, not a fiancee) so you can't re-validate your visa. If you have to leave and can't wait, you're likely stuck while you ride out a new visa process. This gap goes all the way up until they accept your AOS application. If you sign up for email/text message updates, you can get your case number before the receipt notice comes in the mail - and that's all you'd need to get the AP expedited the same day you schedule an INFOpass.
    The best way to minimize these gaps is to get legally married ASAP and file for AOS soon after. You can get all of your AOS submission ready before you leave the UK, so it's only waiting for your marriage certificate. If you were really on the ball, I think you could minimize the gap to be a little over a week between entry and having your case number. A big AOS submission time-waster is the medical/vaccine transcription. If at all possible, try to make sure you have all your vaccines up to date (even if you have to pay for them or get your GP to give you "baby shots") before you go to the visa medical. Then you don't have to get the transcription completed in the US, which is one less thing you'll have to coordinate before sending that all off.
    All the best, and we too hope that you'll never need any of these precautions.
  7. Like
    Nik+Heather got a reaction from Kathryn41 in USCIS said he CANNOT visit   
    Wow I am so sorry you are getting so much misinformation from "official" sources.
    1. He can absolutely visit you when the petition is in process. Nik did this. No issues whatsoever, and they even asked us about his trip at the green card interview! Now, there may be some other factors which would prevent his visiting on VWP - for example, if he had a criminal history. Did this come up in the conversation at all? Or was the ONLY reason that he had a petition in progress? Nik was honest in his CBP interactions (though they did take him into secondary inspection) he said he had a fiance, and he showed them the receipt notice from our K-1, and it was actually the filing of the petition that prompted them to stamp him into the country, so it's really the proof that he'll return to the UK which matters.
    2. Simply being denied entry does not necessarily mean that his K-1 will have any trouble. If the CBP officer finds that he is inadmissible because immigrant intent is suspected, the legal terms are that he "withdraws" his attempt to enter the US. They deny entry "without prejudice". Yes, it will go on his record, and will have to be counted as a denial of entry, but that sort of thing is easily solved with a visa. Because now he is allowed to enter with immigrant intent. Problem solved. If he is denied entry because he LIES to them and they find out about it, then it is misrepresentation, and that can have an effect on the K-1.
  8. Like
    Nik+Heather got a reaction from VanessaTony in Question about Greencard and work   
    Green card allows you to work.
    The EAD is a stop-gap measure for people who can't/don't want to wait for the green card. Especially when that process can take a year or more, then the EAD comes into play. Times like these where they are approving the GC within a few months the EAD isn't as important.
  9. Like
    Nik+Heather got a reaction from ECWilloughbys in Advance Parole   
    I know it's been said already, but I wanted to emphasize it a little more so you can prioritize and plan accordingly.
    Although advanced parole is available, you will have a gap when you'll be "stuck" in the US for a few days or few weeks. Of course you can leave, but you may have to start all over again to re-enter the US.
    That gap starts when you first enter on the K-1. As it is a single entry visa, if you leave again, you won't be able to come in to stay without a new, valid visa. The good part about this gap is that more than one member on here has had success actually getting the visa re-validated when they had to leave in an emergency before marriage The other important thing here is time. They will re-validate the visa, but you don't get any extension on your original stay, so if you use up most of your 90 day entry on the K-1, or you stay out of the US for too long this window closes.
    The second part of the gap is after you get married but before you have applied for adjustment of status. If you leave during this time you will no longer be eligible for a fiancee visa (you'll be a wife, not a fiancee) so you can't re-validate your visa. If you have to leave and can't wait, you're likely stuck while you ride out a new visa process. This gap goes all the way up until they accept your AOS application. If you sign up for email/text message updates, you can get your case number before the receipt notice comes in the mail - and that's all you'd need to get the AP expedited the same day you schedule an INFOpass.
    The best way to minimize these gaps is to get legally married ASAP and file for AOS soon after. You can get all of your AOS submission ready before you leave the UK, so it's only waiting for your marriage certificate. If you were really on the ball, I think you could minimize the gap to be a little over a week between entry and having your case number. A big AOS submission time-waster is the medical/vaccine transcription. If at all possible, try to make sure you have all your vaccines up to date (even if you have to pay for them or get your GP to give you "baby shots") before you go to the visa medical. Then you don't have to get the transcription completed in the US, which is one less thing you'll have to coordinate before sending that all off.
    All the best, and we too hope that you'll never need any of these precautions.
  10. Like
    Nik+Heather got a reaction from LaL in Just me   
    Hey Lori!
    Nik and I knew of each other and had some interactions online (we met in a game too! - but not on Facebook) for years before we started any sort of romantic involvement, and certainly felt strongly before we met in person, where it was just perfect as well!
    I think you're still blind to what was being said in that thread, and it seems to have given you a toxic view of a lot of this site. People aren't perfect and aren't always able to express themselves perfectly, so when the only medium for communication is text, you have to work a little harder to understand the meaning in what someone may have in-expertly articulated. Online relationships that blossom in real life are not at all uncommon on here, and there's no disagreement that relationships started online don't have the POTENTIAL to be viable in real life. Just like yours. Just like mine too. Both successful, both in awe of how wonderful our partners and our love is. The contention was only that not all online relationships are viable in real life. Naturally anyone posting on VJ is in the group that survived, because of the premise of the website. No one was attacking relationships which started online, only the idea that all online relationships would survive real life meetings. I've had more than one online relationship. I felt very much in love before, but only the last one with Nik actually worked out. That was all that was being said. Anyway, I hope we can all understand each other a little better in the future for some fruitful and meaningful discussions, even if we don't always agree!
  11. Like
    Nik+Heather reacted to VanessaTony in RFE   
    Wrong sorry.
    The EAD whilst adjudicated separately to the AOS, is DEPENDANT on it. If the AOS is denied, the EAD is voided, same with AP. If you get an RFE for AOS the entire process is halted because if they can't determine if you're eligible for AOS, they can't determine if you're eligible for the EAD, or AP.
    If you get the GC then no, you don't need an EAD. If you get the EAD before the GC then once you get the GC the EAD is voided.
    Most commonly now you won't get a GC stamp in your passport either, so don't bank on that.
  12. Like
    Nik+Heather reacted to JimVaPhuong in Are We Doomed Or Is There Help   
    The I-485 is not eligible for a fee waiver, according to 8 CFR 103.7(c ), but there are a few circumstances where there is no fee for filing, such as adjustment of refugees. K1's pay full fees - always.
    A fee waiver is possible for biometrics, but there are two problems. First, that would only save you $80 (current fees). Second, it's highly unlikely they'd approve it for any petition that requires an affidavit of support. You can't declare to USCIS that you have enough income to support the immigrant, and then plead poverty when it comes to the fees.
    To the OP, we're all presuming you've gotten married or will get married within the required 90 days, yes?
    Ok, your husband will be out of status when his I-94 expires. Others have already mentioned that he would technically be deportable, but that is very unlikely to happen if you exercise a little care. Deporting someone is a time consuming and expensive process, and an immigration judge will always give them an opportunity to adjust status if they are eligible to, rather than order them deported. As a result, it is the policy of CBP and ICE to not attempt to deport someone who is clearly eligible to adjust status. I bolded the word "policy" because the law doesn't require CBP or ICE to do this. The law allows CBP or ICE to hold the alien for deportation, if they choose to. They simply choose not to, as a matter of policy.
    That's the good news...
    The bad news is that CBP or ICE would probably hold your husband until it could be confirmed that he is clearly eligible to adjust status. How long would they hold him? Could be hours. Could be weeks. You don't know. For this reason you want to avoid any situation where your husband might be confronted by a CBP or ICE officer, or anyone who might call a CBP or ICE officer to confirm his immigration status. Don't go near the land borders of the United States - there are often immigration checkpoints well inside the US borders. Obviously, he can't leave the US because he wouldn't be able to get back in, but it would probably also be wise not to travel by air within the US. TSA isn't required to check immigration status of passengers, but they do occasionally conduct a close examination of a passport used as identification in order to verify that it's valid. If they discover the alien is out of status based on the I-94 then they might call ICE to come and verify the alien's status. Local and state law enforcement officers usually don't verify an alien's immigration status, but some agencies do call ICE if they suspect an alien is out of status. It would probably also be a good idea not to apply for anything that requires lawful status, like admission to a publicly funded college or university.
    Something to consider - your financial situation will probably improve dramatically once your husband begins working. He can't legally work in the US until he gets either an EAD or a green card. He can't get either of those until you submit the AOS application. Borrow some money. Have a yard sale. Collect aluminum cans. Do whatever you can do, but file the AOS as soon as you are able.
  13. Like
    Nik+Heather got a reaction from nab in Do my own background check?   
    Regarding the background check:
    I sort of thought of it like getting a mortgage. Do you need to submit your credit report with the paperwork? No, they'll look at it themselves. BUT, if you order your own credit report first, you might have an opportunity to see/address/correct any information in there which you feel may not be completely accurate.
    All that said, I didn't do a background check on myself, and....I didn't get my credit report on my own before applying for a mortgage either, just pointing toward commonly given and widely accepted as a good proactive step in a somewhat analogous process.
  14. Like
    Nik+Heather reacted to joevegas in How do I delete my account??   
    Agree one hundred percent,and apologizing to dawn?...I'm sure she's a good lady,but what the heck does anyone need to apologize for??..I never read one thread on there that was mean or evil,just good advise was all I read,and isn't what this site is about??...answers and advice?
  15. Like
    Nik+Heather reacted to Fandango in How do I delete my account??   
    Kenny has repeatedly apologized, explained himself, and even in this thread, has asked her to stay. I think the connotation of 'there are many good people here' mean what? Kenny's 'bad'?
    No one was trolling, he just had a differing opinion, to which he's already apologized. If people can't handle that, perhaps the net is not for them. This place is TAME compared to what is out there, and wrapping noobs in cotton woll and/or begging them to stay is kinda strange imo, What does it matter who stays or who goes? As long as no TOS were broken, I don't see the problem with Kenny at all.
  16. Like
    Nik+Heather reacted to amykathleen2005 in Please help. Refused back into USA where my wife and baby boy are!   
    You have the right to marry whomever you wish whenever you wish but they do not have the right to immigrate here without approval.
    I agree that this process could be simpler and that it is very difficult to be without the person you love when you see other people getting married and being together all around you while all this is processing. I hope that something works out for you. This is not a hard process but you have to know the rules and what steps to take. It sounds like you did not do much research which is what has gotten you into trouble. Before you take any steps read the guides on Visa Journey to figure out the best process for you.
  17. Like
    Nik+Heather reacted to gwenneh in Please help. Refused back into USA where my wife and baby boy are!   
    Sorry, this is a bit confusing. You say your fiance visa was approved on November 4th, 2010 but you were married on October 28th, 2010? If that is the case you were no longer a fiance and the visa no longer applied to you -- you cannot use it to enter the country.
    How did you enter the U.S.(on what visa) and when?
  18. Like
    Nik+Heather reacted to pushbrk in Ex husband as Co Sponsor?   
    Whether anybody finds it odd is beside the point. It matches a common fraud scenario. Don't do it.
  19. Like
    Nik+Heather reacted to JimVaPhuong in Are These Questions/Remarks Legal to Say in an AOS Interview?   
    As Vanessa and others have clearly stated, you were obviously suspected of fraud. You were treated the same as anyone else who is suspected of fraud, and from your statements you appear to understand this concept entirely. It really doesn't seem like it was the treatment that offended you as much as the fact that they suspected you and lumped you in with those 'other people', and you seem convinced the suspicion was the result of some unfairly applied racial/religious/cultural prejudice on the part of USCIS or the IO. If you have evidence this is the case then, by all means, file your lawsuit. Otherwise, since this will not be your last interaction with US immigration, you can probably reduce your future stress level considerably if you try to become a little less thin skinned when they become suspicious.
  20. Like
    Nik+Heather reacted to kennym in Just Beginning...Need my UK fiance' here yesterday.....   
    pdmacca
    I'm certainly not naive enough to think that someone who feels that they're madly in-love would take any sound advice and take the time to really get to know someone before jumping into any kinds of comitment.. It is entirely your call and for everyone else who reads these threads as well.. The results of your descision will be yours and only yours to deal with as with anyone else considering a K1 visa or any relationship, domestic or foriegn. The advise given is simply that "advise". No one will fault you for jumping in with both feet.. Millions of people do it, why not you? however, millions fail, and a few, have wonderful romantic stories to share later with thier kids..
    living on cliches and hyperbolies can be romantic but not real practical and not safe.. So, we actually expect most people that feel they can fall in-love over the internet to not be open to sensible ideas and advise, and certainly, we know it's not possible they will listen to anything contrary. But our advise can reach those that still have a little rationale remaining and result in others reading this thread to be thoughtful about all the things that a relationship needs to prosper..
    For you Mrs pdmacca, It's great if it works out.. and I seriously hope you and Paul have a great visit and you really turn out to be "LUCKY" like jill and her man, lucky to have found the right person over the internet... It's a one-in-a-million shot, but who knows, you guys could be that "one"..
    For the rest of the people of sound mind and judgement, hopefully they will take time to meet, and get to really know someone before commiting to a K1, marriage, kids and life.. There are a lot of things at stake, especially when doing a visa.. VAWA, integrity, Future Visas, Finacial Considerations, just to name a few. So the sound thinker must evaluate all those factors before making any comitments. It's serious business.. with lots at stake and not the least of which is emotional well being..
    Kenny
  21. Like
    Nik+Heather reacted to Fandango in Just Beginning...Need my UK fiance' here yesterday.....   
    QFT.
    This is where I stopped reading, because I couldn't wait anymore before throwing my .02 in here. Kenny has taken a lot of ####### in this thread, and imo, it's undeserved.
    Now, with that being said, I'll give you *my* perspective. I was living with a man in the UK for 5 years. I got homesick and decided to come home, eventually I agreed to his proposal, and we started the K-1. Now here's someone with whom I knew like the back of my hand...and yeah, we can all talk about those 'butterflies' and all that wonderful stuff, but at the end of the day, the distance has a way of sometimes skewering perspective. We hear and see what we want, which is easy over a phone/webcamera/etc, and while that may gel with reality, sometimes it doesn't. But it's easy to happen because the heart wants what it wants. In my case, the reality of what was did not gel with what I thought, and eventually I canceled the visa and moved on.
    Everyone says that 'this is the hardest part, being apart'....and I can tell you that from my perspective, that's not so. I've been here on VJ long enough to see how the adjustment period is the hardest on the beneficiary...and can cause major stress for the couple (i think this holds true more for male beneficiaries btw)...there's a loss of identity, adjusting to a new culture, missing home, etc. I know the feeling of being displaced within a country - felt it when I went to the UK, and that was meant just as 'party time' and not 'real life' lol. There was no AOS stress, or 'hey this is your new life' hanging over my head; I always knew it was temporary. So I can't really imagine how it must feel for a bene, although I have an inkling. I feel the worst for the K-1ers, because they basically come here statusless and are wholly dependent on the petitioner, which must feel so odd as a grown adult.
    Now, I am married with a child to a wonderful man...he's also a USC btw. And I can tell you this: as much as I knew him, as wonderful as he is, as compatible as we are...it was quite a shock 'getting to know' him on a deeper level when we both were sharing the same house. He felt the same way too. It was stressful at times....and it was someone I was with for a long time before we lived together.
    Those of you who are now married, and those whose fiance(e)s are here - are you actually saying you haven't formed a deeper bond with your spouse since you met? You don't know your partner on a much deeper level now, as opposed to when you were just on the phone/internet? Come on.
    Saying all that, I can understand people getting defensive over what may seem like Kenny 'challenging' your feelings for one another...but really...we're all adults here. More power to you if you want to get married before you even meet...but if your sibling or best friend were telling you the same thing, would you really not question whether that was the wisest choice? Would you just say 'great, you feel butterflies, go to it'. Especially those of you with children. By all means, do what you want, it's your life...but as a concept, and for the sake of this conversation (meaning, I don't really care what the OP does or doesn't do as it doesn't pertain to me), it's foolhardy to not vet your SO in person before marrying?
    But this convo is superfluous anyways, because of USCIS's reqs.
  22. Like
    Nik+Heather got a reaction from Welshcookie in Just Beginning...Need my UK fiance' here yesterday.....   
    Some of the phrasings in this thread have been pretty harsh. No one in love appreciates having their relationship called into question. But, I think kenny's right from an overall point of view. And there's a lot of perfectly needless "Poor victimized me!!!!" in this thread.......I know online couples can feel pretty defensive sometimes (we are, I've felt it) but get a grip on it, especially here - because a lot of us are in that same boat. I've learned to own and embrace our relationship and how it evolved. The more you play up and the harder you defend the unusual-ness, the stranger and more suspicious it feels to 3rd parties, and the cycle continues. Treat your relationship as normal and true, and so will others.
    There are a lot of people who feel like they are in love based on their online relationships. One day they meet, and sometimes all their dreams come true. Sometimes it doesn't work out. On VJ, we don't hear from that second outcome because they never make it this far, but they are out there. And, until you do meet, you'll never know which side you're on! I think it's really great that our relationships which started out online came to such beautiful fruition when we all met in person, but to assume that anyone who feels in love in a virtual relationship will absolutely just keep growing when they meet in person is just silly.
  23. Like
    Nik+Heather got a reaction from daredra in Just Beginning...Need my UK fiance' here yesterday.....   
    Some of the phrasings in this thread have been pretty harsh. No one in love appreciates having their relationship called into question. But, I think kenny's right from an overall point of view. And there's a lot of perfectly needless "Poor victimized me!!!!" in this thread.......I know online couples can feel pretty defensive sometimes (we are, I've felt it) but get a grip on it, especially here - because a lot of us are in that same boat. I've learned to own and embrace our relationship and how it evolved. The more you play up and the harder you defend the unusual-ness, the stranger and more suspicious it feels to 3rd parties, and the cycle continues. Treat your relationship as normal and true, and so will others.
    There are a lot of people who feel like they are in love based on their online relationships. One day they meet, and sometimes all their dreams come true. Sometimes it doesn't work out. On VJ, we don't hear from that second outcome because they never make it this far, but they are out there. And, until you do meet, you'll never know which side you're on! I think it's really great that our relationships which started out online came to such beautiful fruition when we all met in person, but to assume that anyone who feels in love in a virtual relationship will absolutely just keep growing when they meet in person is just silly.
  24. Like
    Nik+Heather got a reaction from La Souris in Just Beginning...Need my UK fiance' here yesterday.....   
    Some of the phrasings in this thread have been pretty harsh. No one in love appreciates having their relationship called into question. But, I think kenny's right from an overall point of view. And there's a lot of perfectly needless "Poor victimized me!!!!" in this thread.......I know online couples can feel pretty defensive sometimes (we are, I've felt it) but get a grip on it, especially here - because a lot of us are in that same boat. I've learned to own and embrace our relationship and how it evolved. The more you play up and the harder you defend the unusual-ness, the stranger and more suspicious it feels to 3rd parties, and the cycle continues. Treat your relationship as normal and true, and so will others.
    There are a lot of people who feel like they are in love based on their online relationships. One day they meet, and sometimes all their dreams come true. Sometimes it doesn't work out. On VJ, we don't hear from that second outcome because they never make it this far, but they are out there. And, until you do meet, you'll never know which side you're on! I think it's really great that our relationships which started out online came to such beautiful fruition when we all met in person, but to assume that anyone who feels in love in a virtual relationship will absolutely just keep growing when they meet in person is just silly.
  25. Like
    Nik+Heather got a reaction from Hugglebuggles in Just Beginning...Need my UK fiance' here yesterday.....   
    Some of the phrasings in this thread have been pretty harsh. No one in love appreciates having their relationship called into question. But, I think kenny's right from an overall point of view. And there's a lot of perfectly needless "Poor victimized me!!!!" in this thread.......I know online couples can feel pretty defensive sometimes (we are, I've felt it) but get a grip on it, especially here - because a lot of us are in that same boat. I've learned to own and embrace our relationship and how it evolved. The more you play up and the harder you defend the unusual-ness, the stranger and more suspicious it feels to 3rd parties, and the cycle continues. Treat your relationship as normal and true, and so will others.
    There are a lot of people who feel like they are in love based on their online relationships. One day they meet, and sometimes all their dreams come true. Sometimes it doesn't work out. On VJ, we don't hear from that second outcome because they never make it this far, but they are out there. And, until you do meet, you'll never know which side you're on! I think it's really great that our relationships which started out online came to such beautiful fruition when we all met in person, but to assume that anyone who feels in love in a virtual relationship will absolutely just keep growing when they meet in person is just silly.
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