Jonara

I had called these people 2 weeks ago and they said they would create a ticket, I really dont know what to think anymore because we are over the 6 months processing time which it was before but as of June 2009 according to their website K1 processing time is 5 month, what is going on, does anyone share in this too. Oh and it's VSC. Gees!

I can imagine your frustration. I was a bit antsy already when I hit the 5 month mark so I contacted my senator twice. I am not sure if that helped but I got my NO2 last week.

Long story short . On 2nd K1. AOS interview Dec 08. No letter in mail of approval..nothing. Even went up to Seattle to inquire 3 months ago, asking ####### is going on Guy said "can't tell you anything". Drove all the way to Seattle for that response.!!??

Anways, this morning I'm sound asleep after working 3 12 hour shifts in a row. I hear a loud knock on the door, go out to answer half asleep. Get 2 badges in my face " Dept of Homeland Security. Can we come in?" I'm like "Am I under arrest" still half asleep.

They scoured my house. Looked in my hamper, my drawers, EVERYWHERE. Then said "Good, we have what we need". Needless to say, I couldn't sleep anymore

Just wanted to let you MENA Ladies know...they might do the same to you if you're on 2nd K-1 or K3...etc.... My hubby's from Syria btw....

Sorry I couldn't help but laugh. USCIS looking at our dirty underwear mixed into a pile...lol. WE NOW HAVE PROOF!

Hey, I was wondering what will happen if I don't get my K-1 in time for the wedding date we have planned?? Is there any way for me to move to the US and get married without the K-1??? Can I just change the process from K-1 to K-3 (I believe it's a K-3) I am trying to do the whole application thing without a lawyer but early in the process I did call one immigration lawyer who said that what I'm describing here is indeed possible but she didn't say how... she wanted me to retain her services at a fee of $3500 CDN and I figured that was a waste of money....

you have all been EXTREMELY helpful in the past and I'm very thankful for this website!! It has made this whole process a heck of a lot easier! Please let me know!!!

thanks for your time!!

It's kinda cutting too close. It got my NO2 after 5.5 months, then I have to add 2-3 months for the rest. It's all a gamble..you'll be lucky if you can get here before May but then every case is different. Don't risk it until at least you got your NO2, at least half of the battle is gone.

If you don't have any prior convictions or trouble with the law, you don't need any representation. You can do the paperwork yourself and they are not very hard plus you have VJers here who can always help 24/7. Save your money...you'll need it when you get here

Hey there VJ world...

My fiance got his K1 today. This process has been painful enough, and we haven't seen each other since March 3rd. Originally the plan was that he would pack up and be here within a few days. I mean cmon, he has had the past 6 months to prepare for this move, and it's not even like he is leaving a good job, or a good apartment, or anything that would require a lot of effort. His reason for taking two weeks is shopping. Seriously?! I am devastated and pissed. After 6 months, he wants to shop? Material things mean more to him that being with me... ? (at least thats how i feel right now...) I can't do anything. I don't even want to talk to him. Not to mention that my family doesn't understand why he wants this time, and he wants me to "cover" for him. He's an idiot!

Any advice? Comment?

Let him take his time really. It is not about you, it is about the whole idea of moving. He will leave India and maybe won't be there for a while so he is perhaps enjoying his moment there. Don't take it personally. He probably knows the barrier is gone and he will soon be reunited and be with you. Cheer up.

Hi Every one,

is having engagement ring important at the time of interview? I met my fiancee but we didn't get each other engagement ring, is having it important.

Thanks

I asked something similar earlier. Perhaps this may help:

http://www.visajourney.com/forums/index.ph...p;#entry3242269

Well, I have mixed feeling here from what I read. My wife and I lived in Paris before moving here and she got her "carte de sejour" (resident card) in about 8 weeks - her job got it for her.

Was it an American company based in Paris?

Hi V friends,

i'm just wondering have anybody felt so stressed out adapting to life in America? I stressed out soo much because of first AOS and my deadline. and that i'm not allowed to work until i get my EAD. plus my drivers license wasn't valid in the states. all i've been doing is cooking for my husband, cleaning the house. watching even every bullshit on T.V.

And now i can't be enrolled into the college because they don't want to accept my status AOS applicant.

Have you ever had this feeling before and can you advise me please how to ovrcome this hard and boring very boring days until i get my EAD and AP?

thanks a lot

Urgh bummer. A friend of mine not too long ago was in the same situation. For some time she was dangling around until she found a local ADLC (Adult Learning Center) that has ESL program (English as Second Language). She ended up signing up for that 3x a week. Then she keeps signing up for any interesting courses in that center. After that she joined a gym where I met her. We took kickboxing classes together and of course I became her designated driver if we want to go to a local Starbucks to chill. I hope there is some sort of community initiatives in your area where you can kill time and enjoy yourself as well. You have to force yourself to do that or else you will end up stressing your spouse too.

Wish you luck and happiness.

Hey Tayrivers, thanks a lot for your share of helpful info.

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

1. The OP, who seems to have been scared off, never said when he found out.

2. It could have been the day he arrived, unlikely but possible.

3. I can think of a few cases where adjustments have been unsuccesful. The German who married and adjusted and took all his wedding photo's to the interview, had difficulty expalianing how all his family were there when he entered on a VWP and married a couple of weeks later and immediately filed.

4. Generally speaking as long as you do not make a meal of it, you should be OK. There is not set time limit, mo magic number, but if you tell the PoE that you are coming as a tourist and a few hours later file to adjust, well that is rubbing there noses in it.

Great info gentlemen. BUT I ain't doing it if it was me and will never recommend it as such. I've turned paranoid and a scaredy cat from all the nightmares we've been through. The WVP FAQ found in cbp.gov states this:

Q: What Is the Advantage of Using the VWP?

A: The advantage of entering the United States under the VWP is that tourists and people wishing to conduct business in America can travel to the United States without obtaining visas from the U.S. Department of State.

Q: What Are the Disadvantages of Using the VWP?

A: If you are admitted to the United States under the VWP, you may not change or extend your non-immigrant status. If your admission is denied you have no right to administrative or judicial review, except as noted above. Likewise, if you are found to have previously violated the terms of your admission, you may not enter under the VWP ever again. Therefore, before using the VWP, you should carefully consider your options.

It seems so cut and dry but judging from the feedback I got in this forum, it varies.

The Law is quite clear when it says that as an immidiate relative of a USC you can file to adjust your status and remain in the USA while it is being processed. It does not matter if you were married before your last entry or you get married on the current entry, you are the immidiate relative of a USC and can file for AOS as long as your intent at entry was not to use the VWP to get around immigration law.

For those who ended up marrying, how did they manage to prove to USCIS that their original intent was not to marry when they entered under VWP? It sounds like it's gonna be the petitioner's word against USCIS suspicions. It must have taken them tons of proof to go pass the scrutiny.

The PACS allows the foreigner to get a residency card IF they can proove they have already been living together for a year. Quite dumb I know...

I've got a bunch of canadian friends here in Paris who have really high degrees and they have to fight like crazy with the french immigration.

And it's a neverending fight, it takes many years before getting a 5 years residency card...

There is two kind of specific visas for marriage, one with no residency, one with.

The denial rate is very high. You're not able to appeal, and they can deny you without any reason.

It's nothing like the US immigration...

In France, it's very recommended to hire a lawyer and it will cost you an arm and leg.

Do you speak french? :x

Do I? Non, not yet at least. That is part of my hesitation to move there now. I have to learn the language, and learn it really well.

But hey thanks for your info. I kinda sense it's not gonna be that easy but I figured to find out anyway. We were simply frustrated one day from living apart and waiting. A day later, my NO2 notice came. Voila. I hope your NO2 process goes smoothly. Merci bcp!

This topic goes out to USC/French petitioners and beneficiaries.

Prior to receiving my NO2 approval notice, my fiance and I were a bit frustrated and were looking at marrying in France instead. He said the immigration process in France is a lot easier than the U.S. I'm somehow not convinced.

1. He mentioned there is a thing called pax (oh I don't recall the spelling) that allows you to be a couple and enjoy the benefits of a married couple even though it is truly not a marriage. Anyone has heard of that?

2. I also thought with an intent to marry, I have to apply for a long stay visa as opposed to coming to France like I normally do without a visa. Thoughts?

3. Supposed I move to France, what are the rules around getting a work permit and how long will it take?

If anyone knows of a site link that I can check, please let me know. I have a tough time navigating thru the sites that I found and for some reason, the information I'm getting is in bits and pieces.

We finally got our NO2 but of course it wouldn't hurt to know French immigration info. Any helpful feedback will be great.

Merci.

Lara

That's scarry! Am glad the flight continued safely. Deepest condolences to the pilots family.

Thanks - I'll pass it along to his family.

LOL

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'

I don't see this outlined at all in the cbp.gov site. Which site are looking at?

Take a look at page 9 to start with then continue reading and learning.

http://www.uscis.gov/files/nativedocuments...idents_Empl.pdf

Google is your friend for the rest. At what point are you going to give up and accept the reality of what I have stated? Are you really still going to say that despite the official USCIS document published on the web and linked to above that WB and WT "are no such things"?

Given your intransigence so far, I really wouldn't be surprised, after all you quite offensively and without any cause let alone evidence accused me of visa fraud!

At what point I'm giving up? Easy - If someone close to you scanned their passports to see any indication of these categories to find nothing there AND knowing they were removed at POE anyway.

I have 2 from my end (French and British nationals with jobs and family ties in their country). Being stranded at the POE with a bunch of CBP officials breathing down your neck is not something I'd wish for anyone. It's a waste of time and not worth the risk because it goes in your immi-record which can be detrimental. Ahhh enough said.

There's one other way to settle this, why don't you invite a foreign family to the US and have them come in and out within a year? Better yet, do the 6 week gap following a 3 month stay in the U.S. (like my bf) or 2 months gap (my friend) did.

Based on my experiences thus far, I don't have to agree with you sir. The rules around VWP is just as grey as the weather here in Boston yesterday. As I can see some had favorable results than others, this tells me it's all discretionary. So be it. But quit your condescending replies as though I have not witnessed the ugly path. It's not cool to anticipate someone to show up at POE only to end up coming home alone and confused!

Engineer, Israeli military, Navy submariner, marrying a biologist....Yep, they want to know if they need to ship him off to some covert CIA location for debriefing.

LOL..

Hey guys,

I am preparing for phase 2 of my visa journey and started snooping around for packet 3 stuff (even though we have not received anything yet). In one of the forms (D156K) one of the supporting documents that he must bring to his interview is evidence of engagement. Other than engagement ring receipts, what else can he provide? We didn't make a big fuss about having an engagement party and his grandmother gave me her engagement ring so what can I show as evidence? Would it trigger a red flag if we don't provide any paperwork to show we're engaged?

in ur case wife is older and just have all the bonafide relation stuff ready and be ready to answer questions truthfully with confidence. me in my wife has 33 years age difference and she had interview last week and they did not ask any question about the age at all,goodluck. abid

Hi Abby,

Are you saying she's only 12?

Yes I agree with you and I admire that you are stress free but wow no doctors since day 1? Amazing.

hey lol

i put my date ten years younger on that bcz most people dont believe me so i dont tell them how old i am unless they look at my licence. sorry for the confusion. abby n sheryl

Phewww. Have a good married life. I see that she's finally arrived. Best wishes.

in ur case wife is older and just have all the bonafide relation stuff ready and be ready to answer questions truthfully with confidence. me in my wife has 33 years age difference and she had interview last week and they did not ask any question about the age at all,goodluck. abid

Hi Abby,

Are you saying she's only 12?

Yes I agree with you and I admire that you are stress free but wow no doctors since day 1? Amazing.

.........................

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! .................

When your passport gets stamped the officer with either denote it with T or B.

Do business with a T and you are in breach of the VWP. If you think that makes no difference you are mistaken, ( it is getting to be a habit) the penalty is being barred from the VWP and requiring a visa.

"Travelers need to express the purpose of their visit to the immigration officer at their port of entry to obtain a WB status on their I-94 arrival/departure card. Do not accept a WT status visa. Any error should be corrected prior to leaving the INS inspection area; visitors are urged to speak with an INS supervisor is necessary. Note: Status and length of stay as a visitor to the US is defined by what is written on the I-94 card by the INS officer upon entry.

The WB visitor (equivalent to the B-1 visitor for business) is in assignment in the US as a representative of their foreign employer. No US-based salary of fellowship payments are permitted. However, reimbursement of normal and unusual expenses, for business purposes is permitted.'

I don't see this outlined at all in the cbp.gov site. Which site are looking at?

I married with mexican, was legal because it was in texas. After 2 months, found out he ws not legally divorced in mexico but was separated. Had to divorce him since it was not recognized by the state of texas. He is still separated and remains with me, although i had to divorced. My question and concern is this,

can I file for him as visa fiancee? Remember this is the p erson whom I previously married and divorced but now he is LEGALLY divorced.

He needs to finalize his divorce first. Divorce decree for both parties will need to be submitted when a petition is filed.

K-1 visa will allow a fiance single entry to the US. Did you not say he's with you now? What is his status in the US?

...............

And you were extremely lucky. Sounds like you were living in the US on a tourist visa.

...............

And you deduce that how exactly? Oh I see you just made it up to suit your argument.

I guess I have just got lucky since I first visited the USA in 1978.

BRB with luck like that I am going to buy a lottery ticket.

Read the post above (22)

I have seen many many posts similar.

If you come her for 2 weeks to see the Mouse, very unlikely to have a problem. multiple 3 months and you are rolling the dice.

Yes and you know what I just caught on the previous post when someone said 2 classifications - T or B. NO SUCH THING! You come with just a passport, and there is no official designation for that as long as your country is one of those VWP eligible countries. It sounds so sweet to have such privilege but you gotta read the fine print. I guess we can't convince the fortunate ones. I will never wish what we went thru with anyone. It was one heck of a gambling nightmare.

I think it really depends on their mood! My now husband came to visit me last year for about 8 weeks and then went back to Denmark. By the time he came back here again in March of this year, they actually gave him a bit of a hard time about coming back so soon and he hadn't been to the US in over 6 months! They let him in fine without any real problem but they told him he should wait at least a year before he comes back again.

Well in our case, they were sent back right away. So there! I have read similar cases like ours here on VJ. My fiance and my friend can no longer use VWP EVER, they are not subjected to a ban but if they want to come to the US again, they have to get a real visa. Just a fair warning to everyone. It happened in 2 different POE's, and it's always good to check. And you're accurate when you said wait at least a year before coming back. That's exactly what the BPO said to them. The thought process is around "strong ties" to the country of origin. "Do you have a job there?" "Aren't you leasing an apartment there?" "What kind of job do you have to afford frequent trans-Atlantic holiday?" That stuff.

I think the semi official policy is that they don't want someone to be in the USA more then 6 months in any given year. My wife was pretty lucky in that she always visited me when her family was vacationing. They have a history of vacationing to California twice per year since 2000 (summer/winter). I don't think she has ever personally talked to a border officer until she arrived on a K1.

(Sighing), it's the kind of mistake we learned the hard way. Funny thing is on the USCIS website, there is no mention of this nor any limitations at all. Saves time and money if you know what to expect/do.

BTW - I think we got consumed by VWP issue and we forgot the OP's ordeal. Sorry OP.

I am an American now. I had my ceremony thi s morning and all went well. It was a wonderful moment.

We were about 120 people attending from all over the world, some very old and others not so old.

While we were waiting, they played some songs from the Eagles, Bruce Springsteen etc...Everybody was relaxed and in a good mood. They opened the ceremony with a video, Faces of America, representing the diversity of the US population. Later, the director of the US immigration office came and gave a speech explaining the responsibilities coming with the citizenship and finally administered the Oath.

Now that we were all citizens, they showed a video of Pres. Obama welcoming us as "fellow Americans" which I found to be pretty emotional and yes Tom you are right concluded with video of US sights and sounds over "I am a proud American" from Lee Greenwood. (That last part was really cheesy)

Anyhow overall the USCIS did a great job with this ceremony.

Thank you again for the support, my immigration journey is over. Good luck to all of the ones still waiting.

Congratulations! Enjoy being a dual now. B)

I think it really depends on their mood! My now husband came to visit me last year for about 8 weeks and then went back to Denmark. By the time he came back here again in March of this year, they actually gave him a bit of a hard time about coming back so soon and he hadn't been to the US in over 6 months! They let him in fine without any real problem but they told him he should wait at least a year before he comes back again.

Well in our case, they were sent back right away. So there! I have read similar cases like ours here on VJ. My fiance and my friend can no longer use VWP EVER, they are not subjected to a ban but if they want to come to the US again, they have to get a real visa. Just a fair warning to everyone. It happened in 2 different POE's, and it's always good to check. And you're accurate when you said wait at least a year before coming back. That's exactly what the BPO said to them. The thought process is around "strong ties" to the country of origin. "Do you have a job there?" "Aren't you leasing an apartment there?" "What kind of job do you have to afford frequent trans-Atlantic holiday?" That stuff.

You are one lucky person... it's gotta be an oversight at the POE. Normally they will question you to pieces for coming back 3 weeks later. A lot of people get sent back for grounds of being an intending immigrant. You can't adjust status while on VWP by the way. It's written all over the place that's not permissible.

The other bolded text is also incorrect. As an example, I entered 31 times in one year on VWP never an eyebrow was raised. There are two classes of VWP T and B we do not know which the OP entered on.

The OP would well astacles he is unaware of.

Good luck to both of you advised to seek at least an initial consultation with an attorney. Whilst technically he can follow the path he has indicated there may be certain obnd congrats btw.

That's what happened to my fiance and another friend. There were told that VWP is not to be used to go in and out and these are last year's encounter at the POE. What is the difference between T and B?