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Bernie C

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  1. Like
    Bernie C got a reaction from Kimberly36958 in Little Emergency   
    1st check all your paperwork to make sure you did not make any errors.
    2nd Check your NOA2 and verify all the information is correct.
    If all that is correct then it would be apparent that they made an error. You could then contact them (NVC) with the NOA2 information and verify that what they received is correct.
    When you call the NVC they should request your name, DOB and case number and the name and DOB of your beneficiary as verification.
    Did they request that info when you called?
    It appears that someone made a boo boo. Getting their errors corrected can prove to be a challenge.
  2. Like
    Bernie C got a reaction from Culino in K1 Visa: Marrying outside U.S. once approved?   
    My 2 cents.
    If you apply for and are approved for a I129F petition for fiancee, you cannot then get "legally" married outside the US without voiding the petition.
    You may however go through the steps without registering the marriage and still have a valid fiancee petition depending on what constitutes a "legal" marriage in your country.
    We had a traditional Vietnamese wedding ceremony in Vietnam but did not register our marriage. We even used the wedding photos as proof of relationship in our petition and at the interview. I did however divulge and explain why, when, and where in a letter in our initial I129F petition.
    We had no problems whatsoever in obtaining approval for our petition or K-1 visa.
    I'm not saying this will work for everyone but it worked fine for us, and to be able to do this so her family, relatives and friends could participate was wonderful.
    We are now here together in the US and our wedding date here is set for March 31
    What you do is ultimatley up to you, just do your homework and understand what potential issues may come up and be prepared to deal with them.
    What we did may not be the safest route to go as it is what is perceived in the eyes of the CO but I am glad we did it this way and will have the memories of her family and friends being part of it always and forever.
  3. Like
    Bernie C got a reaction from Kukolka in k1 canceled   
    This is simly my opinion but I think that a second K-1 petition with a new petitioner within 8 months of the 1st would be a big red flag. I would be fully prepared to explain this. I would expect a CO may want to know why the 1st relationship ended, how you met another USC in a short time period and became engaged etc..
    Look at it from the view of the Consular Officer and remember that they are trained to look for things like the short time duration. The burden is on us to prove to them that the relationship is true and factual.
    Gather as much evidence as you can to strengthen your case and best wishes.
  4. Like
    Bernie C got a reaction from katie & sifa in k1 canceled   
    This is simly my opinion but I think that a second K-1 petition with a new petitioner within 8 months of the 1st would be a big red flag. I would be fully prepared to explain this. I would expect a CO may want to know why the 1st relationship ended, how you met another USC in a short time period and became engaged etc..
    Look at it from the view of the Consular Officer and remember that they are trained to look for things like the short time duration. The burden is on us to prove to them that the relationship is true and factual.
    Gather as much evidence as you can to strengthen your case and best wishes.
  5. Like
    Bernie C got a reaction from Darnell in Income needed   
    You need to meet the poverty guilines established in the USCIS form I-864P.
    It is available for download at the USCIS.gov website. Click on forms and scroll to I-864P
    or click here I-864P
    What you need to provide as proof depends on your income threshold in relation to the guide.
  6. Like
    Bernie C got a reaction from Tahoma in california service center   
    Did you read the I129f instructions!
    This information is in the instructions for filing the I129f (page 5 I believe).
    Not trying to be mean but just pointing out that it is very important to read all the instruction for all the forms very thoroughly and very carefully.
    Also - Make sure you make the check out to the US Department of Homeland Security, not USCIS or DHS or DoS. Spell it out completely as specified.
    Good Luck and Best Wishes on your journey
  7. Like
    Bernie C got a reaction from VanessaTony in california service center   
    Did you read the I129f instructions!
    This information is in the instructions for filing the I129f (page 5 I believe).
    Not trying to be mean but just pointing out that it is very important to read all the instruction for all the forms very thoroughly and very carefully.
    Also - Make sure you make the check out to the US Department of Homeland Security, not USCIS or DHS or DoS. Spell it out completely as specified.
    Good Luck and Best Wishes on your journey
  8. Like
    Bernie C got a reaction from Darnell in Reestablishing domicile   
    There is a little more to it than that. How are you meeting the requirements of the I-864. This has more to do with that than anything. Being "domiciled" in the US and "residing in" the US are two very differnt things.
    Your husband needs to meet the domicile requirement of the I-864.
    While there is no US residency requirement for a US citizen to petition their spouse or family member to come to the US, the visa application requires the USC to be a financial sponsor through the Affidavit of Support contract I-864. The I-864 does require the US citizen sponsor to be domiciled in the US and to have income or assets that show the immigrant will not become a public charge.
    Many USCs living abroad will not have a US-based income. Your foreign-earned income can not be used to satisfy the I-864 unless it will continue when you are in the US. Your assets, and those of your spouse, CAN be used in lieu of income, or you may have employment in the US starting up. A Joint Sponsor may be the only solution for some families.
    Domicile is a difficult area to describe and it is interpreted differently at each Consulate. Casual observation indicates that some Consular posts are easy-going about this, as long as you have a US address (perhaps a relative), a job offer, have filed your tax returns and are making obvious plans to move to the US.
    Domicile is NOT the same as residence.
    Part of Title 8 Code of Federal Regulations
    ii) Determination of domicile . (A) If the sponsor is residing abroad, but only temporarily, the sponsor bears the burden of proving, by a preponderance of the evidence, that the sponsor's domicile (as that term is defined in 8 CFR 213a.1 ) remains in the United States, (more)
    (B) If the sponsor is not domiciled in the United States, the sponsor can still sign and submit a Form I-864 so long as the sponsor satisfies the Department of State officer, immigration officer, or immigration judge, by a preponderance of the evidence, that the sponsor will establish a domicile in the United States on or before the date of the principal intending immigrant's admission or adjustment of status. The intending immigrant will be inadmissible under section 212(a)(4) of the Act, and the immigration officer or immigration judge must deny the intending immigrant's application for admission or adjustment of status, if the sponsor has not, in fact, established a domicile in the United States on or before the date of the decision on the principal intending immigrant's application for admission or adjustment of status. In the case of a sponsor who comes to the United States intending to establish his or her principal residence in the United States at the same time as the principal intending immigrant's arrival and application for admission at a port-of-entry, the sponsor shall be deemed to have established a domicile in the United States for purposes of this paragraph, unless the sponsor is also a permanent resident alien and the sponsor's own application for admission is denied and the sponsor leaves the United States under a removal order or as a result of the sponsor's withdrawal of the application for admission.
  9. Like
    Bernie C got a reaction from danilou in How can anything so stinky possibly taste so good?   
    Ohhhhh myyyyy - is slide 2 Durian? My wife loves it. I can take tiny bites at a time but cannot overly indulge, but thats how she said she "learned" to eat it too!
    Honestly, we just had one and it still stinks a week later when I open the fridge door
    But since she loves it I'll get her more anytime she asks
    After all, whats a little stink when your truly in love (she puts up with my love of beans
  10. Like
    Bernie C got a reaction from VanessaTony in Renewing British Passport in Los Angeles?   
    My link
    Above is a link to the British Embassy page "UK in the US - Passports"
    Looks like the renewal process is the same as for a new application - there are links down the page to direct you.
  11. Like
    Bernie C got a reaction from VanessaTony in Foreign Fiance flipping out...   
    Ranger - its not that uncommon for this to happen.
    I know it can be very stressful and trying but during this time she needs your love and support more than ever.
    My fiancee (now wife) did not have this happen but she was extremely homesick after she arrived (she still misses her family very much and sometimes at night when she cries I just hold her and cry with her - as I really do miss her family very much too).
    Does her family have internet access? If so, you can assure her that she can talk with her family every day. I bought a new home pc when Doan arrived and we use yahoo video with voice and she talks to her family almost every day. It costs nothing (except for internet service and initial cost of pc and web cam - which most here have anyway).
    Do you have family nearby and are they in acceptance of everything? Doan spends her days with my folks and she loves it. While I am at work she is learning new things and also teaching them things. For some this can be very rewarding.
    Do you have any pets? We have a little dog and its a great fit because Doan had 7 dogs and she loves them very much.
    These are types of things that you can use to assure her if they fit for you.
    Doan also fits right in with my friends - even though it can be a bit tough depending on the language barrier at times but its really usefulo to have the interaction for her to practice her english.
    Also - we are already making future plans to return to visit her family next year.
    There is not really to much you can do other than be the foundation for her - be a piece of granite that is also as soft as a pillow!
    Last but not least - it takes two to be successful, hopefully she can gain strength from yours.
    I wish you the very best!
  12. Like
    Bernie C got a reaction from Darnell in K-1 visa filing abroad   
    Just a note of clarification here too - you cannot file K-1, get married and then bring her to the US. You must file, get approved, bring her to the US, THEN GET MARRIED.
    If you get married at any point before her entry to the US you will be starting all over with a CR-1.
  13. Like
    Bernie C got a reaction from Bobby+Umit in How long is the visa good for?   
    In our case, Doan's visa was approved on December 15th 2009. We were held up a bit because they could not read her fingerprints in the US anf we had to resubmit them. We were finally able to pick up the visa on January 11 2010. When I checked the validity period there were 5 months remaining, so it was dated from the day she was initially approved and not from the date it was printed. Was not an issue for us as we left a few days later for the US.
    Best bet is to always check the date on the visa when it is issued, never assume anything, always check the actual date.
  14. Like
    Bernie C got a reaction from LaL in Arizona removing teachers with "heavily accented" English from some classrooms   
    Heck - there are places all over the country where you can hardly understand the "language" because of the drawls or accents.
    Ever been to Boston, the Bronx, Atlanta, New Orleans, heck even Pittsburgh, etc......
    There is no "standard" english language as the same words are pronounced differently all over our own country!
    Hell I was in Louisiana one time working at a job site and I though all the good ole boys were speaking a foreign language - took me a few days to pick up on it
  15. Like
    Bernie C got a reaction from Darnell in Packet 1 2 and 3??   
    Well you send a packet (petition) to the USCIS but I think what your asking for is this.
    NOA1 - Notice of Action (letter) that the USCIS sends to the petitioner when your petition is received.
    NOA2 - Notice of Action sent to the petitioner when the peition is approved.
    Packet 3 - instructions sent to the beneficiary on how to apply for visa after the USCIS sends the approved petition to the NVC and the NVC forwaeds it to the consulate.
    Packt 4 - interview appointment letter and instructions for interview.
  16. Like
    Bernie C got a reaction from Darnell in From failed K-1 Visa to CR-1 visa   
    Damn Attorneys
    #1 you could have filed an new K-1 and you had a perfectly explainable reason why the first one was not completed. Anyway that is water under the dam.
    You are now married congratulations.
    #2 Kick that lawyer in the A*s and forget about him. Read the guides, file the CR-1 and don't pay that guy another penny ever.
    File the I-130 - when you get to Part D, Question 2, check yes and tell them what happened. If you need more space add it as a supplement. You have to tell them before you apply, it will be covered under this question.
    Keep this in mind - you were not denied and never failed.
    Thank god you are ok now and are able to pursue you love and happiness together.
  17. Like
    Bernie C got a reaction from Ricky+Vanessa in Visiting Fiance after NOA2 to attend K1 interview   
    Heck Yeah For the USC its no different than any other visit you would make, after all, your just visiting!
    The only stupid question is the one that was never asked
  18. Like
    Bernie C got a reaction from Darnell in Family B2 Visa Denied   
    That stinks
    Unfortunatley it sounds like they didn't provide enough in the form of strength of ties to the home country.
    While the things you listed that they provided sound reasonable to someone like you and me, it really is not significant in the eyes of the consulate.
    They should provide things like substanitial proof of property owned, strong financial ties.
    I dont have much personal exerience with this but you'll get some good advice from others.
    Wish you the best and hope it can get worked out for them to visit.
  19. Like
    Bernie C got a reaction from Nik+Heather in halp!   
    Read the questions again carefully. Which one are you refering to?
    Question 30 is: Have you ever been issued a US Visa (I presume this is no based on your statement)
    Question 31 is: Have you ever been refused a US visa (Based on your post you would answer yes to this and complete the information (date, where, and what type of visa was refused)
    Question 35 is: Has your visa ever been cancelled or revoked (I assume this is no since it was refused and never issued)
    Question 38 bullet 2 begins with "Have you ever been refused admission to the US" - Having a visa refused and having admission refused are not the same. Have you ever tried to enter the US and had you admission refused? Read each paraphrase of this bullet and if any portion is yes then the answer is yes, if all are no then the answer is no.
    If you were granted a visa and refused admission, or attempted to enter without a visa and were refused admission (the answer would be yes).
    Hopefully I have not totally confused you!
  20. Like
    Bernie C got a reaction from TracyTN in Marital Status question   
    You'd best seek the advice from other PI filers. You'll likely get some debate from others.
    My first marriage was annuled after we were divorced. Technically an annulment is retroactive so in the "Church State" you may be considered single - never married, however in the "legal state" I always discclose it as being divorced as I do not believe that the US government considers annulment when relevant to legal proceedings.
    I say this based on past personal experience and not on factual law.
    The PI pooks at things differently so I'd take the advice of others who have gone through the Manilla consulate to see how they answered the question.
  21. Like
    Bernie C got a reaction from Bobby+Umit in Help-Fiance had to returm Home   
    There was a similar case recently where the beneficairy was able to get the visa reaffirmed/revalidated (not sure which term was used).
    The poster was merrytooth and was from Singapore. She just recently reentered to US successfully. I'd definatley investgate this option before starting over again.
    Not sure there is sufficient detail in her posts to gather the pertinent informationas to how the process worked but maybe you could PM her to request some info.
    below is a path to the post where she discussed some of this.
    http://www.visajourney.com/forums/index.php?app=forums&module=forums&section=findpost&pid=3737737
    Best Wishes.
  22. Like
    Bernie C got a reaction from sachinky in Help-Fiance had to returm Home   
    There was a similar case recently where the beneficairy was able to get the visa reaffirmed/revalidated (not sure which term was used).
    The poster was merrytooth and was from Singapore. She just recently reentered to US successfully. I'd definatley investgate this option before starting over again.
    Not sure there is sufficient detail in her posts to gather the pertinent informationas to how the process worked but maybe you could PM her to request some info.
    below is a path to the post where she discussed some of this.
    http://www.visajourney.com/forums/index.php?app=forums&module=forums&section=findpost&pid=3737737
    Best Wishes.
  23. Like
    Bernie C got a reaction from sachinky in was my k-1 interview a success??   
    I assume the "piece of paper" was a 221g. Gather the information requested as expediently as possible and submit it.
    I dont think anyone can tell you how long it will take! The consulate usually will not even tell you!
    As far as worrying - if you provide what they requested and it meets the requirements, then all hopes would be that you will be ok.
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