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stella1

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Posts posted by stella1

  1. Thanks! I hope you don't get denied! Talk to a lawyer and get things sorted out before the interview!

    Good luck on your journey too!

    Interview passed !! :whistle: Visa APPROVED !!! :thumbs::thumbs::thumbs:

    :dance::dance::dance::dance::dance::dance::dance::dance:

    Just two questions ...less then one minute i sweered on Ds-230 !!

    Godd luck to all of the rest !!! :yes:

    God bless everybody !!!! :star:

    I directly asked the Consular Officers dealing with Immigrants visias via email. He responded to my email saying that there is no overstayed as long as it is not determined by DHS or USCIS. His authority makes me believe it is a trustful and suffucient source for varifacation.

    Well, it is true I have to wait till the Interview to be a 100 % sure.

    Visa APPROVED :dance::thumbs::dance: No lawyer !!!! :star::star::star:

  2. 02-09-2010 : Case Complete At NVC - Login Failed

    03-01-2010 : Interview assigned

    04-19-2010 : Interview date

    Does any of you, who apply for CR1/IR1 visa have on the Appointment letter for Interview DS Part-II -F = This form is not necessary for this application.?????

    I have this disription on my Appointment letter, and I'm confused and scared ! I submitted both parts(I and II ) of DS-230 directly to the NVC. My Consulate is Appoinment consulate, so NVC gather all the documents.

  3. Okay i'm back wife is good and now we are preparing to do the AOS. I have d/l all the 3 forms g-325a i-864,i-485. What happens when the visa expires? How do we prove we are tring to file for it?

    We got a SSI number in her original name not married name because they told us she would be illegal.

    So my question is what happens if we got stopped or prove she is still legal to be here??

    thanks

    robert

    Depends of what kind of visa is expired.....

  4. She can change statusa from J-1 fo F-1 visa !

    I did that and have no problems at all !!

    Just need to apply for change of status( from ex-change visitor J-1 to an international student F-1) before your authorizied stay expires. Other words before september, couse she has to be in status in order for her apllication to get approved. :thumbs:

    Good luck !! :star:

  5. Thanks! I hope you don't get denied! Talk to a lawyer and get things sorted out before the interview!

    Good luck on your journey too!

    I directly asked the Consular Officers dealing with Immigrants visias via email. He responded to my email saying that there is no overstayed as long as it is not determined by DHS or USCIS. His authority makes me believe it is a trustful and suffucient source for varifacation.

    Well, it is true I have to wait till the Interview to be a 100 % sure.

  6. Well the information I always had is that if you are out of school they 'cancel' your DS and you start being out of status (doesn't matter if you have a valid I-94).

    Some of my friends didn't attend school and the school reported to USCIS.

    If it was like you said, everybody would apply for student visa and attend school for only a month, then drop it and stay in the US. It doesn't make sense. I'd consult with an immigration lawyer to make sure you won't have any surprise in the end of the road.

    Anyway !! Good luck to your visa journey ! :star: Hope to get your visa in hand and be with person you love !!! :thumbs:

  7. Well the information I always had is that if you are out of school they 'cancel' your DS and you start being out of status (doesn't matter if you have a valid I-94).

    Some of my friends didn't attend school and the school reported to USCIS.

    If it was like you said, everybody would apply for student visa and attend school for only a month, then drop it and stay in the US. It doesn't make sense. I'd consult with an immigration lawyer to make sure you won't have any surprise in the end of the road.

    May be i will be denied a visa,may be you are right !

    I just read cerafully the most recent FAM, which the Consular Officers used to interpritated INA.

    Check it out

    http://www.state.gov/documents/organization/87120.pdf

    "For persons who have been admitted for duration of status (DOS) (as is

    usually the case with aliens in A, G, F, J, and I visa status), unlawful

    presence will not accrue unless an immigration officer or immigration

    judge (IJ) finds a status violation in the context of a request for an

    immigration benefit or a deportation proceeding. Therefore, your belief

    that an alien violated his or her status in the United States is not, in itself,

    sufficient for an INA 212(a)(9)(B) finding, unless the alien entered

    without having been admitted or stayed beyond the Form I-94 specified

    date. Otherwise, only a finding of violation of status by the DHS or an IJ

    can cause a period of "unlawful presence" to begin."

  8. If you were in the US out of status for a year, you will face a 10 year ban. This ban may be waived, though. The US citizen will have to hire a lawyer and file a hardship waiver. Some consulates accept the waiver approved by interview, some don't. If that's the case you will have to attend the interview, get denied and then file for a waiver.

    The waiver process takes about 6 months to be approved.

    Good luck.

    Thank you for your reply!

    But I will dare to not agree with you about the 3/10 YearBan. Being "out of status"on F1 visa with I-94 D/S, dos not equal "overstayed visa". On this type of visa, you are "overstayed a visa" only if it is determined by the Immigration Judge, THe USCIS officers or Consular officers.And after such determination you have to leave the USA in a short period , or stay in the USA but the clock will start ticking "overstay".When you overstayed a visa you will face the 3/10 year bar,not becaouse "out of status".

  9. Would they RFE for employment letter and paystubs? I thought those were optional.

    Don't even worry about employment letter and pay subs! They are not initial evidencies and I know for sure that NVC don't need them, they only care for the income evidencies or the co-sponsor I-864 form and evidencies.

    Remeber you are required by the Law effective last year to submit only your most recent tax return as an initial evidencies, the other 2 years are just to know that you were employed or not, whatsever.If they are on doubt for anything they will request it after reviewing your/co-sponnsor I-864 form.

    May be RFE is becaouse of your co-sponsor W-2 and providing just his anual income. They don't like to see different numbers, they just want everything to match. It is too much for them to figure out and to seperate individual form jointly filed taxes. Just make sure that what it shows on the W-2's or any other proof of income, it shows the same on the I-864 form!

    Good Luck !! You will be fine !!

  10. Can a violation of a non-immigrant status F1 visa(I-94 D/S, ) be considered a lawful reason to deny a IR-1 visa application ?By violation I mean-dropped out of school, but stayed in the USA for about an year.

    P.S The violation is not determined by the USCUS, I assume it would be at the Consular level at the day of the Interview for IR-1 visa ....and if ruled "out of status" i can be inelligable to obtain a immigrant visa? Am i right or wrong thinking this way??

    Please guys,help me ....

  11. Just remember -

    The I-864 is ACCEPTED by NVC - and

    The I-864 is EVALUATED by a Consular Official of the Immigration Visa Unit at a Consulate/Embassy.

    Just because NVC 'accepted' it - doesn't mean that 'its good or not'.

    The FINAL determination, in deed the ONLY determination, is made on Interview Day.

    HOWEVER..

    If something has changed, ie - he's got MORE money, to show -

    from the time the initial I-864 was filed -

    THEN - it makes sense to submit (via the beneficiary) an updated I-864 on INTERVIEW DAY.

    If you think he should get a co-sponser for you - wei - get one now, then re-do his I-864 and prep a 2nd I-864 on the co-sponser.

    Good Luck !

    Thank you !!

    Crossed fingers everyhing to go smooth at the Interview !!

  12. MY CASE WAS COMPLETED FEB 4 AND SIGN IN FAIL WAS FEB 11TH STILL WATING INTERVIEW

    I got Sign in Failed on Feb 12 and then one week later,a NVC operator told me that they still reviewing some submitted papers, but other then that my case is completed...What this means? Crazy! :wacko: Crazy ! :angry: Two days later, another operator told me, it is all completed,just to wait 8 weeks for futher instructions....., he siad the latest time for Interview will be in June. So I hope to fix in the earlier dates, as June is the latest that it could be !

  13. Tax returns are accepted as long as you have the corresponding W2 forms that go with them. They're not valid by themselves. Also, you don't have to take the original documents, photocopies are accepted.

    Diana

    YEP to the tax returns as long as you have the w-2's.

    If you don't mind share, would you please tell me...

    What happaned at the Interview ? Did the IO request IRS transcripts as a better proof of your tax returns ?

    Since the only sheet that looks original since I download all my forms is the one I paste the IRS label to and just send copies of that to the fed and state IRS. We brought in that original with the label on it with 1099's and W-2's attached with zero problems and my wife's IO was super paranoid and critical.

    If you don't mind share it, would you please tell me...

    What happaned at the Interview ? Did the IO request IRS transcripts as a better proof of your tax returns ?

  14. They should not reject, but I have heard of cases where someone was very close to the poverty line and got rejected. What is your husband's income this year? To be on the safe side, I would bring recent paystubs and a letter from the employer to the interview, so the CO can see that his income now is sufficient.

    My husband recent total income (2009) is 24.500 $ for 3 members family. So he is above a 1000 $ and more of the 125 % poverty guidence ....

    The second listed year in his I-864 is bed, just 11.000 $

    P.S Thank you for spending time and knowledge to answer me !! God bless you !! :star:

  15. :star::star: Hi , all you guys !!! :star: :star: :star:

    This is my fist posting on this Great forum and I hope to find somebody who can clarify this with me.

    I'm almost at the end of the IR-1 visa journey. My husband sponsored me and his I-864 is already been completed, so is my case. My husbad last year income is over the 125 % poverty line, but the year before is much less then the poverty line. I'm afraid that the Consular official may determine the income as unstable or not projectable in the future, as he is pointing the "the bed year income".

    Can an official really reject an affidavit of support, based on specific facts, that the sponsor will not be able to maintain his or her household income at the necessary level.

    Can I " the intending immigrant " may be found inadmissible under INA § 212(a)(4) as likely to become a public charge, becaouse of this one "bed imcome year" ?

    Is completed I-864 Form means that is has been already vetted at the National Benefit Centar ? Is completed I-864 means approved ?

    Please ,anybody in the similiar situation...Help me... :wacko::blush:

    Any advise or experience will be deeply appreciated !! :thumbs:

    I 'm apart form my hobby over 1.8 year and miss him so bedly......want t be prepare if any additional RFE are likely to be requested... :unsure:

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