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Davecsfl

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Posts posted by Davecsfl

  1. Thank you for the information.

    The US citizen cannot withdraw the AOS petition. The intending immigrant submitted the I-485, and only the intending immigrant can withdraw it. The US citizen can withdraw their I-864 affidavit of support. Without a primary sponsor, the intending immigrant cannot adjust status based on their relationship with the US citizen.

    As long as the I-864 is withdrawn before the green card is issued then the US citizen is not financially responsible for the intending immigrant. The I-864 becomes enforceable, and cannot be withdrawn, once adjustment of status has been approved.

  2. A cover letter listing everything that is enclosed is a good idea. It is like a packing list and will also help you to make sure you include everything that is required. It may even help whomever opens your package to verify you sent in all that is required.

    Here is what I sent in as a cover letter:

    My Name

    Wife's Name

    Address

    City, State, Zip

    Phone #

    Date

    USCIS

    PO Box 805887

    Chicago, IL 60680-4120

    RE: Adjustment of Status from K-1 Visa for (spouse name here)

    Adjustment of Status from K-2 Visa for (child name here)

    To whom it may concern:

    Enclosed is the application for my wife and that of her daughter to adjust status from K-1 & K-2 Visa holder and for Employment Authorization.

    Included in this package are the following:

    Adjustment of Status from K-1 Visa for (wife name here), A# (from K-1 NOA-2), I-94 # xxxxxxxxxxxxx

    1) G-1145

    2) Filing Fee, personal check, # xxxx, $ 1,070.00 (I-485 fee $ 985.00 + Biometric fee $ 85.00)

    3) I-485 w/continuation pages for page 3, part 3,C, 1, b (if required)

    4) Passport (copy) w/biographical page & entry stamps

    5) Copy of K-1 Visa & POE entry stamp

    6) Copy of I-797, Approved NOA-2 for K-1 Visa

    7) Copy of I-94

    8) Copy of birth certificate w/translation into English

    9) Copy of Marriage Certificate

    10) G-325A w/continuation page (if required) & (2) Passport photos

    11) DS-3025 Vaccination Record, (I-693 Medical Exam less than 1 year old turned in at POE)

    12) I-864 Affadavit of Support w/3 years of tax returns, 2010, 2009 & 2008

    13) I-765 w/xxxxxxxxx government issued photo ID/fingerprint & Passport photo page & fingerprint &(2) Passport photos

    Adjustment of Status from K-2 Visa for (child's name here), I-94 # xxxxxxxxx

    1) G-1145

    2) Filing Fee, personal check, # 2538, $ 1,070.00 (I-485 fee $ 985.00 + Biometric fee $ 85.00)

    3) I-485

    4) Passport (copy) w/biographical page & entry stamps

    5) Copy of K-1 Visa & POE entry stamp

    6) Copy of I-94

    7) Copy of birth certificate w/translation into English

    8) G-325A w/continuation page (if required) & (2) Passport photos

    9) DS-3025 Vaccination Record, (I-693 Medical Exam less than 1 year old turned in at POE)

    10) I-864 Affadavit of Support w/3 years of tax returns, 2010, 2009 & 2008

    11) I-765 w/xxxxxxxxxx government issued photo ID/fingerprint & Passport photo page & fingerprint &(2) Passport photos

    Thank you,

    (print your name here & sign)

  3. This is only my opinion: If the consulate officer asks a question- Has your fiance(e) been married before and the beneficiary answers, I don't know, I think this may affect the decision. Why? Because the consulate officer may think that there may be information being withheld. Again, in my opinion, the fiance(e) should be made aware of the EX(s) and some of the circumstances that led to the divorce(s).

  4. I am getting indications that I should buy round trip tickets for my (K1) fiancée and her two (K2) children, even though we would of course have no intention of using the return leg of such tickets. I have been told that she and the children will not be allowed to board the plane in Bogota unless they all have round-trip tickets, even though the type of the visas is clearly designed and intended for a person who will not return to their origonal country.

    Is this true? If so, is there any way around it?

    Now, in practice the one way tickets I've looked at so far are either very, VERY little less than the round-trip tickets, or, in one case, the round-trip was significantly cheaper than the one-way flight!

    Also, a lawyer friend of my fiancée´s told her something that I don´t understand: something about buying a one-way ticket but getting a reservation for a return flight... sounds a little flakey to me... besides which, the airlines (Avianca at least) will only hold a flight for 24 hours without me paying for it.

    Any input on this topic would be appreciated.

    [if this has not been posted in the right area, I apologize, but I have gotten such great feedback in here.]

    We purchased one way tickets for me, my fiancee and her daughter. When I made the reservations with Spirit Air, from Cartagena, Colombia to Fort Lauderdale, Florida the agent first stated my fiancee and her daughter required round trip. When I explained they were coming to the USA with a K1 and K2 Visa, the agent spoke to a supervisor who approved the reservation. One way flight with Spirit was less expensive. Spirit flies to many cities in Colombia, including Bogota.

  5. Do the documents needed for a K1 interview in Bogota need to be translated into English. I have read different answers to this question. What, if anything, is needed in English for the interview? I know the brith certificates will need to be in English once my fiance gets here, but I am trying to make sure we have everything correct for the interview. Thanks.

    We had our interview in Bogota, August 2010... The Bogota embassy did not require birth certificates, police certificates or immigration certificates translated to english. You will need to have the birth certificate and any other papers required for your AOS translated to english.

    Believe it or not, only the Colombian embassy employee questioned my fiancee. When we got to the actual interview by the American Consulate Officer, she only questioned me, the petitioner- I am 3rd generation American. It seemed strange, only 4 simple questions and she told us - Approved!

    Good Luck - Buena Suerte :-)

  6. A little confused on the fee's required...

    The embassy site and guides say: "Each applicant must pay the equivalent of US$350 in Colombian pesos at the Banco Helm prior to your interview".

    3 Questions:

    Q1: Do you pay this at a Banco Helm site in Bogota the day before or days before the interview (our interview is Dec 9) or do you pay that on interview day at the embassy?

    A1: There is a list of Banco Helm branches on the embassy website where you can pay the Visa fees. They affix a sticker to your forms.

    Q2: Is a K2 dependent considered a second applicant (with its associated $350 fee), or do you just pay for the primary K1 applicant?

    A2: Yes, the K2 is an additional applicant with an additional fee to be pais at Banco Helm.

    Q3: I have read when a visa approved, that they tell you to go a window and pay something - what are you paying for at point? A different fee?

    A3: Yes, you go to the window to pay the delivery service to deliver your passports with Visas and your sealed medical records.

    Good Luck... The interview in Bogota was straightforward based on your relationship.

  7. They are strict. You tell whomever is taking your photo you want a 2 x 2 passport photo. Give them a copy of the specification that is provided that shows the size. Since everything is digital, they can adjust the size. Just remember, as you fill out all the other forms, provide EXACTLY what is being asked. Don't guess or think it is not important.

  8. Set it up in the U.S.A. first before you send it out of country.

    Hello guys:

    I should have mentioned this earlier but here is a tip to make free calls to your fiance/fiancee who are eagerly awaiting with frustration for K-1...

    Buy a majic jack for $40 and mail it out to your fiance/fiancee and ask them to do the setup. It will get her / him a US phone number and (He/She must have highspeed internet)you both can call each other as many times as for free. Then ask her / him to get a screen shot and save them by week or day or how ever you like it.

    That's how i am doing it and it is working fine 90% of the time.

    Hope this helps!

  9. They take your fingerprints at your interview. This way they compare them at the POE to verify you are the beneficiary. The U.S.A. has one of the most sophisticated databases in the world and maintains information at all who enter and exit the U.S.A. legally. They can compare and verify your information. And, yes, the U.S.A. does not want a repeat of 9/11/2001 and will compare your information against the terrorist watch list and any other bad guys.

  10. I believe you need copies of the medical exams and vaccinations. When my fiancee had her exams and vaccinations done we asked the civil surgeon to make certified copies so she could submit them with her AOS. If you do not have certified copies of your medical exams and vaccinations, from everything I have read, you will have to get them all done again.

  11. The only clinics that are authorized to give the medical exams are in Bogota. A child has one year to follow the parent. You must have permission from the child's father, notarized, for the child to leave Colombia. I believe children under 14 years of age are not required to have the interview. They do need to comply with all the other paperwork- Migratory certificate from DAS, vaccination records, x-ray, medical exam, birth certificate, etc. If they are under 16 they are not required to have the police certificate.

    If you want your finacee and her son to join you in the U.S.A., then you must follow the rules. I did with my fiancee and her daughter and we had no problems.

    I answered you- BUT, all this information is written in the instruction packages on the embassy (Bogota) website.

    Please forgive me for not slogging through the entire website for the off chance I will find the answer to my questions. I have found that too many posts are old or not specific to our situation or consist of more congratulations than actual info.

    Here is our situation in a nutshell.

    Today my fiancee was denied her visa due to not having the paperwork for a medical exam for her son (13 years old). OK, I'll take the hit on missing that info and the extra cost of flying back and forth from Medellin AGAIN!

    Here is my question: They told her today at the embassy that she has to make an appointment for her son's medical exam IN BOGOTA! Is it absolutely necessary that he needs to fly to Bogota for a medical exam?

    I have read nothing about anyone under the age of 14 needing to go to Bogota for a medical exam or to the embassy. It is bad enough that I have to pay for another trip for my fiancee without also needing to take her son out of school and paying for his flight too.

    (For anyone who also may have missed the info, you must pay for a K-2 visa and meet all of the same qualifications as for a K-1).

    Also, I have read what appears to be conflicting information on the travel.state.gov site stating the the K-2 visa follows the same criteria as a K-1 (which would be good for 6 months) then in the next sentence it says the K-2 has 1 year to join the K-1. So if he gets his K-2 in September can he join us in the USA in June of the following year?

    I appreciate any insight that can be provided.

    Nooch

  12. Hello! We had our interview in Bogota 23 August. It is better you go with your fiancee. The American Consular Officer questioned only me, the USC. They did not question my Colombiana. There was a prelimnary window with a Colombian employee who reviewed the folder and questioned my fiancee, but it is the American Officer that makes the decision. Again, I think it is better you are there. Dave

    Hello everybody!!!!

    This time Id like to know if is necesary go to the appointment in the embassy with my fiance. What do you think we should to do?

    My appointment it will be in Bogotá-Colombia consulate.

    Thanks...

  13. We have gone through the same situation with Bogota... My fiancee in Colombia has received no paperwork by courier. However, I, the U.S.C. petitioner

    have received the NOA-2 and letters from the embassy in Bogota mailed to my home in the U.S.A. If you have your Bogota case number, it starts with

    BGT, you can send them an email IVBogota@state.gov and they will respond within 24 hours with all the info you need. Ask precise questions and they will answer. Buena Suerte

    Hello again everyone..

    I would like to know if there is any reason I can't move ahead with sending my documents for the Embassy appointment in Colombia..

    I received a notification of my Petition Apporval on 27 Jul, however, no letter.. I spoke to the NVC on 2 Aug and found my Package was received on 28 Jul, and forwaded to the Embassy on 29 Jul.. The repreentative at the NVC provided me with my new Case number...

    The Embassy wesbsite shows that the following on thier Instruction Package for Visa K (PDF)

    "Due to unpredictable Colombian mail service, we have moved all packages and forms to our website: http://bogota.usembassy.gov/immigrant_visas.html."

    So I am guessing, that I can simply download the forms and return them by email to the embassy...

    Is there any reason why I can't move ahead with this at this point?

    What happens if I never receive the NOA2 Letter?

  14. Ok, so I have received confirmation that the packet has been forwarded to the Consulate in Bogota from the VSC center on July 8th,these are my questions and the answers might be unique to the US embassy in Bogota.

    1- The website advises to call on case status is to be done ONLY between 2-4 pm on Wednesdays, does this mean even to verify if they have received the packet from VSC?

    2- If I confirm that they have the packet I am going to my fiancée download the forms directly from the website DS-2100 and DS-230 and send them in and not wait to receive them by mail, because according to what I read this can take a anywhere from 1-3 weeks.

    3- According to their website, the DS-2100 and DS-230 must either be faxed or Mailed, I need suggestions which is the best way to do this with the least amount of risk of thinks getting lost 9perhaps from someone who has been through this?)

    Thanks for all your help.

    My fiancee never received the package from the embassy in Bogota. I did receive the letter at my home in the USA from the embassy in Bogota that they received the package from NVC and that we would receive the package in Cartagena shortly. We waited 2 weeks and never received the package. While I was visiting my fiancee in Cartagena I spoke to the embassy in Bogota and they told me to use the website in the letter I received to download/complete/print all the forms. Since we are bringing my fiancee's children, there was alot more paper. I sent the package to the embassy via Servientrega overnight for 6 mil pesos - about $ 3 USD... The embassy received it the next day and we tracked it on the internet. Now, we wait for the entrevista / interview.

  15. Looking at the form DS-156, there are a few questions that they ask, i want to know if someone already filled this form out, what did they put, just of curiosity to know...

    Here are the questions on the form DS-156:

    QUESTION 32- DO YOU INTEND TO WORK IN THE US? (IF YES GIVE NAME AND ADDRESS OF US EMPLOYER)

    WITH WORK AUTHORIZATION, EMPLOYER UNKOWN (See example in Example Forms)

    QUESTION 33- DO YOU INTEND TO STUDY IN THE US? (IF YES GIVE NAME AND ADDRESS OF THE SCHOOL)

    If YES - answer yes, School Unkown at this time

    QUESTION 39- WAS THIS APPLICATION FILLED OUT BY ANOTHER PERSON O YOUR BEHALF?

    I answered YES, with my name and Filled out by my Fiance

    For question 39, i would have to fill out the form for my fiancee because she does not speak English, what should i do?

    Good luck, we are waiting for our interview appointment date to be assigned in Bogota

  16. Your fiance needs to go to DAS to get her Certificado Judicial and Certificado Migratorio. This addresses everywhere she has lived in Colombia. But, she still needs to list where she has lived in Colombia as required by the G325 forms and all the other forms. If she has lived outside of Colombia, she will need to list those addresses and obtain a police certificate from where she has lived outside of Colombia. You need to have her read the information from the Bogota embassy: http://bogota.usembassy.gov/immigrant_visas.html or http://spanish.bogota.usembassy.gov/visaderes.html.

    And, above all, read the procedures in VISAJOURNEY.COM, they are excellent.

    Good Luck

  17. Just some info for all, and maybe a question from me-

    We received our NOA-2 on May 18 indicating our petition was approved and sent to the NVC. They also added an A# for my fiance, the beneficiary. The notice says valid from 05/18/2010 to 09/18/2010.

    I spoke to the NVC this morning (early) and they told me they had received our petition on May 21 and on May 24 they sent it to the embassy in Bogota. They gave me the BGT case number and told me the embassy will contact us.

    Is this normal or are we lucky or was I told something possibly not accurate that our case was processed by the NVC in 3 days and sent to the embassy in Bogota? Is this possible?

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