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pch1

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Posts posted by pch1

  1. pch1 you OBVIOUSLY did not read my posts, maybe you just glance them,, my posts specifically say OP must have a signed divorce judgement from judge, I can see by the way you refer to uscis rules,, you really don't have any hard data, just opinion.

    I can assure you I am correct as I have even researched this again yesterday,, uscis only wants final divorc judgement period, op does not need to wait the 6 month wait period, that's a complete different thing. the moment the judge inks the doc he is legally divorced and free to marry, but he can not obtain a marriage licence for 6 months,, shame on all you making a man in love wait, if he submits a cert judgement of divorce with the petition he will not get an rfe for that. PERIOD.

    also most of you are so confused, a k1 is not a marriage, it is only a intent, from both parties, if someones going to reply and bring up things I clearly stated in a previous post saying I said different, shame on you for not reading every post here, all your doing is tossing opinion, and scaring OP, now poor guy thinks he also has to wait waiting period after he gets final decree. I have hard data on this, ive consulted the high up in uscis, attorneys, immigration law books , etc etc. and I did this 2 times! along with other posters on this very thread who firmly also know its perfectly legal,, not fraud as a other poster has said. I literally know dozens who did it this way, and im talking sending petition during esit period, ALL have been approve without a hitch

    I actually got a partial copy of my petition back from manila, its the pages that list previous marriages and termination dates, someone had them circled and a ok next to it,, so they DID research that,, not missed it. . so for all you here stating opinion, remember I have hard data,, and isn't that why we are all here,,? to depend on each others strong points? remember there are literally thousands questions here in vj, , that's why we are a group because each one of us has experienced a particular situation and are quite knowlegable on it, I don't know a lot on other jubjects and I ask q about them as I know that 1 person has been thru it,, ill take that persons advise strongly. well on this subject I stand so firm as ive beat this subject to death on many occasions to be correct. amd I know for 100% I am. so im done posting and I just hope everyone appreciates my strong advise to this subject, I don't reply to many, so must be a reason I do now,, thanks everyone here, and all posters, we can agree to disagree, but in the end we are all friends and have a lot in common, that's what makes this site so awesome people,, hats off to us all for taking time to help newbies! jeff

    Packeman, I have read your post and I know exactly what you said, this is one of them

    Posted Yesterday, 06:37 AM

    "WRONG everyone, YES you can petition for K1 , A k1 is not marriage ! by the time your k1 is processed, and she comes to you, the six months wait period will be over, how am I sure? because I did it, in fact I sent my petition the day after my final court hearing of the divorce of my ex, which was by the way a previous k1 petition. my fiancé arrive with me in US. shortly before my six month wait period required by my states law, we married 1 week after the 6 month wait period. IT IS LEAGLE, and not 1 problem,, go for it man!"

    I also read what the OP said

    "Hello, the answer may well be obvious that I cannot file for a K-1 visa until my 6 month waiting period is up for my divorce in the US.

    I just need to know for sure if I can or cannot complete any steps in the K-1 petition process until my divorce is completely final?"

    I will say it again and again and again until USCIS OMIT the "Free to marry" from the requirements to petition. If the OP clearly asked, if he can or cannot...I am going to say it again, if he has the divorce decree can he file K-1 petition which he means I-129f since K-1 is considered fiance visa. The OP asked if he has to wait the 6 months waiting period before he can complete and submit a petition...My answer according to USCIS is NO and still NO when it clearly state you have to be "Free to Marry" when you file your petition.

    So which part I don't understand, when I am following the USCIS guidelines and requirements.

    You have no evidence or data coming from USCIS saying you can do that and unless you do provide something coming out from the horse's mouth (USCIS), then all what you are doing is giving people bad and misleading information that might or might not get them RFE.

  2. some above do not read completely, new posters please read completely, because by the new replys its clear some are not reading everything

    my divorce was final , as I said, judgement in hand, BUT I did have the 6 month wait period, the day after I was divorced I went courthouse got copy of judgement, and filed k1 I did not wait my 6 month required by Wisconsin law,, and you don't have to,

    I think this post needs to be done, the rule clearly is final judgement in hand good to go, no need waiting the waiting period to file,, everyone please read all before posting something that was clearly said. OP if you got judgement of divorce in hand your good to go

    pacerman, although I understand what you are saying and that you had no problem with your petition. Maybe USCIS are not enforcing what they state on their website "Free to marry" Which is part of illegibility to petition as stated on their website.

    On the other hand, if we go to the Instruction for filing I-129, there is no mention of the "Free to Marry" instructions Page 7 (a) to submit evidence that all prior marriages have been terminated...etc...

    Also, on the Petition itself, I did not see any reference to "Free to marry" unless I missed it somehow.

    The question remain, if USCIS not enforcing this rule, (baring in mind the 6 months it takes to process a K1 VISA) by only verifying that the person has submitted his/her divorce decree???

    . Do people want to take the chance and follow your advise and might or might not get an RFE, even USCIS states "Free to Marry when filing the petition?" If it was me, I will follow the rules and requirements to be eligible to petition.

    You might agree or disagree but this is where it stands!!

  3. You are correct, there was a recent case where the petitioner agent RapidVisa did not send out page 3 completely. Their petition was approved but then reopened with a notice of NOID..Notice of intent to deny.

    http://www.visajourney.com/forums/topic/603967-uscis-sending-noid-after-noa2-approval/?st=0

    As stated, all pages must be submitted and questions answers if applicable. Page 3 mainly questions for fiance abroad and each question must be answer if applied. In your case None of them Apply. So, the only question which was answered "NO" which is correct about your fiance have been to the United States.

    You did well.

  4. -If you filled out form G-1145 to receive text and email messages from USCIS, then most likely you will be notified when received.

    -If they receive your petition, you will be sent hard copy of NOA1 within ten days. If in 30 days you do not receive one, call USCIS and request a copy.

    -After NOA1, then the waiting game for your NOA2 approval if all goes well and no RFE. No one knows exactly how long it takes to have a petition approved, You are looking at three up to six months...but it could be less than that as well...Just keep your fingers crossed.

    Happy Journey!

  5. My question to everyone here, When it clearly stated for filing I-129f petition and it says Copy of final Divorce Decree(s) or Certificate(s) for the US Citizen and/or foreign fiance(e) if either has been previously married to be submitted with the petition. So if they are not submitted that will be a reason to issue RFE. Then its all up to the petitioner to provide evidence in time required by USCIS, Right?

    Delays, denial and shelving of petition might be considered since it is required. So giving information to members that are based on one case that might have slipped by is misleading when it is very clear about the requirements from one state to another.

    Also, what would the beneficiary respond to the CO if asked, where is your fiance's final divorce decree? I am sure it will be put on AP and cause more delays....So its better to play it safe and follow the rules and requirements.

  6. Eligibility Requirements

    If you petition for a fiancé(e) visa, you must show that:

    • You (the petitioner) are a U.S. citizen.
    • You intend to marry within 90 days of your fiancé(e) entering the United States.
    • You and your fiancé(e) are both free to marry and any previous marriages must have been legally terminated by divorce, death, or annulment.
    • You met each other, in person, at least once within 2 years of filing your petition. There are two exceptions that require a waiver:
      1. If the requirement to meet would violate strict and long-established customs of your or your fiancé(e)’s foreign culture or social practice.
      2. If you prove that the requirement to meet would result in extreme hardship to you.
  7. The error may be the amount of time at the NVC. Was it really one day? That seems pretty fast (receiving, processing, shipping). Did you get the official dates from the NVC?

    On Friday, July 15th when I called NVC and was told they don't have my petition yet. I called back on Monday, July 18th and they told me they have my petition and for me to call back in 10 days for case and invoice number. I called back same day three hours later and I was given both case and invoice number. I checked CEAC and it said "At NVC" Next day, Tuesday, July 19th when I checked on CEAC it said "In Transit"

    It took them until August 1st to update CEAC to "Ready"

  8. You need the 01 format, not 1.

    Captain Ewok,the 01 did gave me the error. Pull down menu 2016-01-08 gave me the error, even if I typed it in...but 2016-1-08 worked with no problems. From what I noticed, from the time you sent out your petition up to the NOA2 the date format used which you have to input the the zero for the month, in my case the date I sent my petition. 2016-03-25 and if you take out the ZERO I will get an error. One digit month must have ZERO.

    On the other hand, when petition sent to NVC and Embassy, the format does not include ZERO. In my case, Petition received at NVC and Embassy has to be like this in my case, NVC received 2016-7-19 Embassy received 2016-8-01, one digit month no zero.

    If you take a look at my timeline you will notice that... :)

  9. I am trying to input the date embassy received. But as you see, I keep getting two errors. Does anyone know why?


    Form I-129F: Petition for Alien Fiance(e)

    Date I-129F Sent : (yyyy-mm-dd)

    Date I-129F NOA1

    (Receipt) : (yyyy-mm-dd) icon14.gifhelp finding your NOA date --

    I-129F RFE(s) : (yyyy-mm-dd) (Comma separated, Leave Blank if None) --

    I-129F RFE Reply(s) : (yyyy-mm-dd) (Comma separated, Leave Blank if None)

    Date I-129F NOA2 (Approved) : (yyyy-mm-dd) icon14.gifhelp finding your NOA date
    National Visa Center Processing

    Date Package Received By NVC : (yyyy-mm-dd)

    Date Case #, IIN, and BIN assigned : (yyyy-mm-dd)

    *Error* Date Package Left From NVC : (yyyy-mm-dd)
    Consulate Processing

    *Error* Date Received By Consulate : (yyyy-mm-dd)

    Date Rec Instructions (Pkt 3) : (yyyy-mm-dd)

    Date Complete Instructions (Pkt 3) : (yyyy-mm-dd)

    Date Rec Appointment Letter (Pkt 4): (yyyy-mm-dd)

    Interview Date (K1 Visa): (yyyy-mm-dd)

  10. My fiancee had her interview on July 18th and they verbal aproval. They said because she was married before they needed to make sure all the paperwork was ok. We have not heard anything back since then and it says in administrative prossing. Is this normal and how long does it take or how long of a wait.

    It might take a week, two weeks or little more, all depends.

    When you check CEAC, does it say IV or NIV with the AP?

  11. Yes twice from before.im really hoping its a positive one after they are done reviewing it..

    Also,I cheched on ceac and says there that my status is under admin processing..

    Does it mean they are processing it now?

    It means they still working on it and it is under processing, but for how long, we don't know. if there are no red flags with the previous petitions, then nothing to worry about. Remember, you are number 3 as a beneficiary that your fiance applied for, so the C/O have to be careful with final decisions.

  12. The first one was denied coz medical problem problem.he told me that she was positive on drugs and the second was cancelled at the uscis time.

    Yes he told me all that before he meet me.

    How long do you think the admin review will be done?

    Oh, so your fiance had more than one petition previously? Well, if this the case definitely they have to take another look closer look at the petitions and do some more checking. Like I said, the one good positive thing is they kept your passport. How long it will take in AP, I really don't know, it could take days, weeks or more, all depends...Just keep fingers crossed.

  13. Yes he did.I am thinking that too coz at the time on my interview the consul became quite after she asked that question.

    I was just wondering because she didnt say anything if I am approve or not and she didnt give any slip.

    She didnt give me back my passport too.

    As long as your fiance listed the prior petition and there are no red flags in regards to that petition, then you should be fine.

    Having the C/O keeping your passport is good...I don't think you should have any problems with being approved unless they discover something related to that petition. You should talk to your fiance and ask him in more depth and details about that old petition and his relationship, Just to give you piece of mind and not worry about it. I think you should be fine.

  14. 1) If he can get a fiancé visa and get married to her in the USA?



    First of all, how could he get a fiance visa if his paper work would not be complete without the annulment unless you meant



    1a) IF he can get married to her in the USA, will his technical "marriage" in the Philippines prevent him from applying for US Citizenship?



    He can never enter the United States in the first place unless his final Annulment is done. Fiance visa is first step when all requirements are met (annulment) is one of them.



    2) Can he get a divorce in the USA for a marriage in the Philippines?



    The answer is NO.



    I really don't want to sound blunt, it seems to me that you are suggesting to have your uncle come on tourist visa. If and I say if that is the case, then he would be committing a fraud.


  15. If the consulate does not specify to submit Original copies, then you might be able to submit copies. C/O prefer original copies but if you do submit copies, be sure they are printed on good paper with clear printing. I myself rather submit original with wet signature, which I did.

    As far as the bank goes, I think you should be able to print copy of the electronic check online. I don't know if you really need a copy of the check as long as USCIS have cashed it, you are good.

  16. I know they were YOUR words, and not hers, hence the quotation marks. I don't shoot, i create lucid ideas with precise language. You flop about like a beached catfish. 0-:

    Read again what I said, then read what you have said..."No, thats NOT what she said. She didn't suggest opening the borders to "persons entering illegally". I told you she did not say that or suggest that.. Who is flopping like a beached catfish now? Go take your chill pill and go to sleep, am done with hacking this thread with none sense and so are you!

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