pch1

This is something I just came across while googling about your cases you guys...lol

In some cases, if you still haven’t gotten your Case Number past 8 weeks, you should call the USCIS Hotline to confirm if they have indeed sent the case to NVC. USCIS will confirm if they did send it out to NVC. If you call NVC and they tell you that they still haven’t gotten your case, chances are, USCIS didn’t forward your petition to NVC but to the National Records Center (NRC). It could’ve been “accidentally” tagged as an “inactive petition”, therefore, sending your case to NRC means it’s being archived.

What is NRC, you ask? It is USCIS’s Center for record-keeping, an archiving facility.

At this point you shouldn’t let go of this trail. You’d have to call USCIS and ask for a Tier-2 / Manager / Superior to discuss your case and get it back.

This is really terrible that they would hold a file just for a typo!!! How come they never noticed that before and sent you RFE to fix it? I wonder if this means they are really doing the background check after the NOA2 and approval of petition at USCIS prior to sending the file to NVC. I hope they will fix this typo and send your file to NVC. The typo was an honest mistake and they should have took care of it in less time. Good luck, hold on tight you will get your case number!!

1) No PC needed for the US, per USCIS website.
2) huh?
3) Guesstimate is fine
4) Sure
5) Choose the closest fit? What's your occupation?
6) All parts of the form must be completed
7) It asks if she has lived in the US on a J visa that had a 2-year home residency requirement and if that time is not yet completed?
8) Yup

Thats a really poor attitude to have...
I posted BIA decisions that yeah contradict what you stated. I found these links in less then 2 minutes. You say you spent a significant amount of time researching this. So I am very interested in seeing links or policies that support your statements. If I am wrong I accept it. But I need to see the policy and precedents you found in your research to switch positions. Simply saying I did it so I know isnt enough.As Tbone stated perhaps you did it and got away with it. Im sorry but I can not endorse your advice unless you have something to back it up.

They will have to see them at his interview before they approve his visa. They will keep them and put them in the package there can only be opened at POE by the people there.
Some countries are okay if mother have sole custody and others want the notarized letter from the father.

All you need is her greencard, marriage certificate, birth certificate and passport. The name to use for tickets is the name in her passport.
Be sure she is authorized to travel to a country without a visa. Check here https://mexico.visahq.com/requirements/Philippines/resident-United_States/. Follow the prompts.
Have a fun trip and be safe.

Yikes.
Please see BIA decisions below_
Section 214(d)(1) of the Act requires the submission of evidence to establish that the petitioner and the beneficiary are "legally able ... to conclude a valid marriage in the United States .... " A marriage will be valid for immigration purposes only where any prior marriage of either party has been legally terminated and both individuals are free to contract a new marriage. See Matter of Hann, 18 I&N Dec. 196 (BIA 1982). It was held in Matter of Souza, 14 I&N Dec. 1 (Reg. Comm. 1972) that both the petitioner and beneficiary must be unmarried and free to conclude a valid marriage at the time the fiancee e) petition is filed. Not sure where you are getting your info from but its complicated. In the Souza case it was almost as you described: In the matter at hand, the divorce decree nisi dated September 14, 1971 states that "upon and after the expiration of six months from the entry of this decree it shall become and be absolute unless, upon the application of any person interested within such period, the Court shall otherwise order." Deapite counsel's insistence that the chances are extremely remote that the decree will be set aside, the fact remains that the divorce could be challenged legally within the six-month period and, if set aside, the alien would not be free to marry. Moreover, the statute contemplates that the peitioner and beneficiary be free to marry during all, and not merely part, of the ninety-day period following the alien's admission to the United States. This position is supported by the instructions in Form I-129F which states in pertinent part: 1. Eligibility. A petition may be filed only by an unmarried citizen of the United _States to classify the status of the alien beneficiary as a nonimmigrant fiancee or fiance who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after entry into the United States. The beneficiary must also be unmarried and free to validly marry the petitioner. (Emphasis supplied.) In accordance with the above instructions, both the petitioner and the beneficiary must be unmarried and free to validly marry at the time the petition is filed. It is provided in 8 CPR, 103.2 that the instructions on applications, petitions and other documents on prescribed forms are incorporated into the particular section of the regulations requiring their submission. Under the circumstances the instant beneficiary, whose divorce is not yet final, does not meet the regulatory requirement for classification as the fiancee of a United States citizen. So it is entirely dependent on WHAT THE DIVORCE SAYS... This varies state to state. Please do not give generalizations as policy. It can vary depending on the situation. Wisconsin imposes a 120-day waiting period before your divorce cannot be finalized. So unless the divorce was FINALIZED you are not free to marry. If the paperwork reads this will be final in 120 days or 6 months then you are not free until that date.

According to this, in California, for the divorce to be legal and final, two things must happen:
1. 6 months have passed since the respondent is served initial documents, or appears in court
2. The court enters a decree of dissolution.
Only after both points are completed can both parties actually receive a copy of the divorce decree.
In OP's case, again, as long as he has the divorce decree, he can file for K-1 visa, there does not appear to be a separate waiting period as in other states.

OP has been advised that he needs the divorce decree in hand before filing. If he doesn't have it a RFE is usually issued
or flat out denied.

The safest and cheapest approach for you two (and the approach that would give you most time together) is if you marry and she moves with you to Dubai immediately. Approximately one year before your return to the US, you file for a spousal visa for her and she joins you moving back to the US where she (as a spousal visa entrant) is immediately a green card holder. Since you will have been married more than two years at that point, she will have a 10 year green card (not a conditional one).
You save yourself the money from filing AOS and ROC + the difficulties proving bona fide marriage while living apart.

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.

Not sure, I don't use those so I don't know how that works. You still only use 7 and 8, you should change it to 07 and 08 (there's always two numbers in both month and day).
Glad it worked out now.

Try put the dates in correctly. Instead of 7 for July, you put 07 and so on.

Today would be 2016-08-01. Not 2016-8-1 (if that's what you're trying).

~Numerous posts removed for TOS violations, or quoting removed posts~
~Administrative action taken~
~Continued posting dependent on complying with the VJ TOS~
TOS violated:
Pitaya
VJ Moderation

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.

Welcome to the forum.
No, as instructed on the form, it should have been included with your I-129F. Be sure to set-up an online account with USCIS. Trying to match up a single one-page form to the hundreds and hundreds of applications likely received by USCIS is like matching up two very small needles in a very, very large haystack.
From our experience the USCIS online account was more reliable than the G-1145 notification. Though the online account can have its own issues with reliability.
YMMV.
Good luck on your immigration journey.
~Moved from Memb. Intro. to K1 Process Forum~
~Inquiry about K1 Process~

Never leave any answer blank - they will assume you have missed it. They will not know whether the answer is "none" or "not applicable" or if you overlooked the question.
For example, if it asks how many previous spouses you have had, make sure you write "none". If you leave it blank they will not know if you have had previous spouses and missed the question or if the answer is "none".
Also, there is a difference between "not applicable" and "none". For example, if it asks how many times you have been to the USA and you have never been, the answer is "none" and not "not applicable". "Not applicable" would be used as follows:
Question- How many children do you have?
Answer - None
Question - where do your children live?
Answer -Not applicable
Not applicable means that the question has been ruled out by a previous answer.

~~The OP's last update sounded like he will not be back, and there is nothing more that can be said to help the OP. This thread is now locked.~~

Maybe she is having fun and will do just that and then call him after she has done her deeds.....PLEASE OP ? Eyes pealed she is probably not done running game. If she did this she's gonna keep going.
UPDATE us

Yes she will i hope hes not dooooped againHe saved alot he really lucked out!!!But it must hurt how people play in others beyond me!!
They should seriously have the philipines Like ghana

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!

He means this , Royal Canadian Mounted Police
From reading, they charge $25
http://www.rcmp-grc.gc.ca/en

Hi,
Your situation is not complicated. It's quite easy.
Since you are currently in the US, there is zero risk of getting married on the VWP.
The preconceived intent to immigrate is not an issue. Under Matter of Batista and Matter of Cavazos, USCIS can not deny your AOS for having immigrant intent.
There i no red flag to get marry in 90 days.
If you want to go the K1 route, you can visit under the VWP if you meet all the requirements. Overstaying would end your ability to travel in the future on the VWP. It will not make the K-1 longer.
You do realize that you will not be able to legally work for 90 days while you wait for your EAD. Furthemore, if you leave the US without AP, you will be deemed to have abandoned your AOS.
Best of luck.

It's unclear whether the OP will come back to the thread:
http://www.visajourney.com/forums/topic/604116-filipina-run-with-another-american/?p=8243837