bsclarinet

I didn't have time to read all of the posts, so forgive me if someone has already mentioned this. But in my opinion, there's no need to try to slow it down by returning the packet later. Just get your paperwork done and get the interview over with. Once the K1 visa is approved, it is valid for 6 months....meaning, your fiance can wait for a couple of months before coming to the U.S.

Honestly I can't say for sure BUT I would think if it's the same form that if you got an RFE for that, you would have got one at the SAME TIME. I've seen RFE's with multiple items on them so that's what i think. Only time will tell but I wouldn't worry about it until, AND IF, it happens. They probably could see the birth certificate and there was no "dad" on the adoption certificate, but they can't exactly "guess" whether you've been convicted of a crime.

So, in short, no I don't think you will. But it's just a guess 'cause sometimes USCIS like to surprise us

Thanks for your response. Well looks like you were right! I got the text/email notification on Friday (01/29) that our petition has been APPROVED!!!!!!!

We got an RFE for leaving a question blank on one of the forms: "Have you ever been convicted of a crime? blah blah blah"....obviously not the best one to leave blank I just accidentally overlooked it. But anyway, my fiance was adopted by a single woman, and so as far as he is concerned, he has no "dad". On the forms, I'm pretty sure I didn't mark anything in the fields where it asks for info on his father, just put in the info for his mother. Am I going to get another RFE for not writing some type of response such as "none, or unkown"?

I got an RFE for a silly mistake that I made on one of the forms....forgot to answer the question about whether I had ever been convicted of a crime. Thankfully it was easy to fix! So now we are hoping that we will get an NOA2 soon. Can anyone give an estimate on the time between the NOA2 and when the actual interview will take place?

Thanks!

Is he here in the US?

Not anymore. He left (voluntarily) on August 4th.

That was one of many mistakes. It may have been better for him to remain and marry then AOS as it is he possibly subject to a ban for the overstay in which case he will almost certainly need a waiver. Pehraps someone else can clarify if he was in fact in or out of status whilst applying for the work visa, I really have no clue. I think his best way forward is to see an immigration attorney as this is not a straight forward case. I am getting a headache just thinking about it so goodness knows how you must feel. Good luck to the pair of you.

Oh no. Now I'm really worried about it.

When did his tourist visa expire? When did he apply for a work visa? When was his work visa denied?

Any additional info you give us will help

His tourist visa expired in June or July of 2008. We found out his work visa was denied a couple of weeks ago, but I'm not sure exactly when he started the process of applying for the work visa. If I remember correctly, it was before his tourist visa expired, but I'm not positive.

Is he here in the US?

Not anymore. He left (voluntarily) on August 4th.

When did his tourist visa expire? When did he apply for a work visa? When was his work visa denied?

Any additional info you give us will help

Good luck.

His tourist visa expired in June or July of 2008. We found out his work visa was denied a couple of weeks ago, but I'm not sure exactly when he started the process of applying for the work visa. If I remember correctly, it was before his tourist visa expired, but I'm not positive.

My fiance was in the U.S. on a tourist visa, but while he was here (1 1/2 years) he was applying for a work visa. This was denied, and he just left this week to go back to Brazil. So now we are applying for the K-1. My question is this: What are the chances that our K-1 will get denied because of the overstay? And would we need to file a waiver? Even if he was trying to get another visa rather than just continuing to stay on the expired tourist visa?

Thanks

He was here for 1 1/2 but during most of that time he was in the process of trying to get a work visa.

I see - as in one and a half years...

Exactly. So do you think the address in the U.S. should be listed or no?

I don't think you have much choice - be kind of hard to explain an 18-month gap in the timeline if you don't list it.

That's true. I'm just so worried about screwing this up.

He was here for 1 1/2 but during most of that time he was in the process of trying to get a work visa.

I see - as in one and a half years...

Exactly. So do you think the address in the U.S. should be listed or no?

Sounds like work to me - there is no qualifier that says 'must be for a company/organization.' What would be the purpose of not listing it?

Good point. I guess the real question then is how do I list this? When it asks for "full name and address of employer", I should just list his name and address, correct?

1 1/2 what - days, weeks, months, years??????

Years. Sorry, my brain was working faster than my fingers. He was here for a year and a half.

Initial reaction is "no" - how long was he staying/visiting?

He was here for 1 1/2 but during most of that time he was in the process of trying to get a work visa.

My fiance did interpreting for groups in Brazil but he wasn't employed by a company or organization. Does this information need to be accounted for on the G-325A when it asks about employment in the last 5 years?

My fiance was in the U.S. on a tourist visa, but was applying for a work visa while he was here. The work visa got denied, and he left yesterday to go back to Brazil So now we are filling out the papers for the K-1 and I'm not sure if I need to list the address where he stayed while he was here in the states on the G-325A as part of his address for the last 5 years. ????