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Posts posted by Churchland
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I am stumped.
There is something in your background and perhaps more likely in your wife's background which is making them suspect fraud.
I would get a lawyer like Mark Ellis to respond to the RFE.
Both of our background are very simple.
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AOS after a K1 is a relatively painless process.
It is very clear that USCIS apparently suspects fraud.
Two other things come to mind:
If your credit is frozen can USCIS pull up your credit report, that is assuming they look at it?
Did you sponsor anyone else before specially K1 or IR/CR1?
Has anyone else applied for your wife?
They can not check my reports unless I unfreeze them first. I just pulled my reports and there is nothing suspicious. Credit freezes are quite common now, so that shouldn't be a big deal unless I refuse to unfreeze them upon request (I had to unfreeze when I got a car loan earlier this year).
I have never sponsored anyone else and no one has applied for my wife before.
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Someone asked earlier about what was included in your AOS package but I didn't see a response. Did all of the financial paperwork go with the AOS? Is there the possibility that a relative/aquaintance/ex of yours or someone on her side back in China might have approached USCIS or the consulate to cause problems. Does she have any other relatives who have immigrated before her that weren't listed as living in the US?
As Churchland's wife, here I want to say thanks for all first.
Did all of the financial paperwork go with the AOS?
Yes, we did.
Is there the possibility that a relative/aquaintance/ex of yours or someone on her side back in China might have approached USCIS or the consulate to cause problems?
We thought we were both little paranoid but looks like you said truth. Yesterday we looked at bunch RFE and we could not focus on the detail things just like this, but it is really weird that USCIS required us to submit" A notarized affidavit from the beneficiary's United States citizen spouse describing his/her wishes to pursue this application and detail the current status of the relationship. The affidavit must include current home phone number, work phone number, and address of the spouse"
Does she have any other relatives who have immigrated before her that weren't listed as living in the US?
No, never.
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It is clear they suspect fraud. Just give them what they want to prove them wrong.The burden is always on the applicants. Also, what do you mean by you froze your credit with the credit agencies? I didn't even think that was possible as far as you have any type of loans you can't "freeze" your credit.
Freezing credit has nothing to do with current loans. It just prevents someone from taking your information and applying for new loans in your name. If you check out Clark Howard's website and search credit freeze you can find out more. In many states it doesn't cost anything and more effective than paying every month for credit fraud insurance.
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Looks like red flags to me, possible a Stokes interview in your future.
We haven't had our first interview yet. Won't they look at all the evidence first and have an initial interview before they would do a stokes?
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I've never frozen my credit, but does that mean your wife dosnt have ready access to your money? Like does she have the ability to charge things on your credit card? If they think you are freezing her out of the finance they
might be concerned
No she has access to money, she can still charge things, etc. It means no one can apply for any new credit using my credentials. For example, crooks can't take a credit card application out of my trash and apply for new credit.
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Have you actually been a victim of identity theft? It doesn't sound so much like they're focusing on your finances as much as they're focusing on your identity.
Not that I know about. I am very cautious, that's why I froze my credit file. I am a big fan of Clark Howard and he recommends that as a way to protect yourself. They are wanting tax returns and paystubs again, but nothing has changed. I work for the government same as them, I would think it would be easy for them to check.
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Sorry you missed my point. While in the example children were involved, my point was that someone had reported them as not being a real couple. THAT was what I was suggesting might have happened in your case seeing there were no issues with the K1.
Honestly what is MOST odd to me is the photo holding a newspaper. That implies to me they think you aren't together any more and are instead using old information to try an get the GC.
Oh, I see. Yes, we are a little paranoid now, wondering if anyone could have turned us in for spite or something. It also seems that a majority of the evidence they are asking for is focused on me and my finances, like needing pay stubs, W2's, tax forms, complete copies of my health insurance policy, auto insurance policy, credit card statements, bank statements, etc. I have a very steady job and my credit score is high. I did mention earlier that I froze my credit at the three bureaus to protect against fraud, identity theft.
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Sometimes. I know one VJ member had something similar happen but she had a child with her husband. They requested a DNA test etc (she hasn't come back so I am curious) but as it turns out someone had written in stating the child wasn't the guys, and that the relationship was fake.
Don't stress about it too much. Send what they need and prepare for a stokes just in case. I'm sorry this is happening to you.
Thanks. Neither of us have children so we know that isn't the problem.
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It looks like they lost the brown envelope that you hand over at POE when your wife first came to the US on her K1.
I am not sure about this but I think you can make an Infopass appointment and have them trace it, People more knowledgeable then me should be able to comment if I am wrong or right about that.
What bothers me are the ones that are in bold. Something changed between the K1 and the AOS.
First thing I would do is check your Credit Report. You can get this free from the major 3 bureaus for free once a year.
To protect against identity theft and fraud, I froze my credit at all three bureaus. My credit score is 789.
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Fingerprints and medical aren't out of the ordinary.
The rest implies that something has raised questions about the legitimacy of the relationship. It sounds like there is a Stokes Interview in your future.
We have both been racking our brains on what could be suspicious, we don't have a clue. Neither of us have children. I have very stable job, make enough money, etc.
It won't be a problem getting these things, just time consuming. Her name is on the auto and health insurance policy, she has a learner's driving permit, new pictures of us shopping at Asian grocery, etc.
Wouldn't the same red flags occur for K1?
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Did you file for AOS before or after the expiration date on her I-94?
Yes,it was 3 or 4 days late.
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kind of sounds like they think something is going on or you hit a red flag somewhere along the line that they need to check out.
How long did you wait to file AOS? that could be another issue.
What do you mean by "something is going on"?
She arrived here in September and we filed for AOS in December.
We can't imagine why there would be any red flag all of a sudden.
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Our K1 visa application went very smooth and quick with no problems and so did our AOS application until recently.
Recent problems:
1. The fingerprints were not good enough the first time, so we had to make a 2nd trip.
2. They lost her medical from China and requested a new I-693 with vaccination, TB Test, etc.
Now we get a 2nd RFE requesting an enormous amount of additional evidence.
Another G-325a, I-864, birth certs, phone numbers, work numbers, copies of driver's license with notarized signature on copy.
List 3 attractive traits, new color photographs holding a front page of a recent newspaper, payroll statements, check stubs, utility bills, copies of both our auto health insurance plans.
Anyone ever heard of this?
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There is also the cost of the I-693, which possibly involves vaccinations, paying a civil surgeon, etc.
You will also need to make a trip to get your biometrics done. In my case it was a five hour drive which is expensive considering the price of gas.
Hopefully it won't happen to you, but we had to have biometrics done twice since they didn't take good fingerprints the first time. They also lost her Chinese medical, so we had to have another medical done here in the states, which involved a TB test, more vaccinations, x-ray.
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Thank for the help everyone. But calling the Tier 2 ISO was a waste, they are clueless and not helpful. They wanted me to write a letter requesting a search, then they would put it in my file and make their decision on the green card based on what they have. (In a nice way, give them what they want or else).
We are going to just get a new medical and I-693.
By the way, this was the 2nd time they screwed up. They also took bad fingerprints and we had to make a 2nd five hour drive to have those done again. But they really don't care.
After all this I'm thinking about moving to another country, lol... Vent off
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See again it sounds like you're saying that you completed an ENTIRE I-693. If ONLY the vaccination section of the I-693 was done it's called a "vaccination transcription". Whether you had the transcription done or not, they've lost your medical so now you need to go do any of the options I wrote above.. bearing in mind if you do the medical again you WILL be getting the vaccination section of the I-693 done again and you'll pay for that again (along with the rest of the medical stuff).
Do you have a copy of her overseas medical anywhere? Not the vaccination part, the MEDICAL part (some people do.. I do). If you do just sent a copy with the RFE, if you DON'T then, see the options above in my previous post.
Yes, we had the vaccinations done here and transcribed by the Civil surgeon. Although more expensive, I think it will be easier to just get another medical here and be done with it. Thanks again.
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Okay. when you say you sent an I-693 you need to specify it was the vaccination transcription only otherwise people think it's a full medical that you submitted and they couldn't find it.
SO! They lost the K1 medical, and are now requesting an I-693 complete medical.. Advice is this:
1. Go and get a medical done by a CS and submit the I-693 (this will mean TB skin test and normal medical stuff like in china)
2. Try and request a copy of the medical from China (this works in some countries, not others)
3. Make an INFOPASS and ask them to check your A file for the medical.
4. Get your congressman/senator involved to find what SHOULD have been in your packet
I personally would try and organise #2 first, find out how much #1 will set you back and then it doesn't hurt to try #3 and #4. Up to you which way you go. Some people just do #1 to save the time and hassles.
Good luck with your choice!
Thanks for your information.
It was the I-693,the overseas medical exam from China, Vaccination record and forms filled out in a sealed envelope by civil surgeon.
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When you did the I-693 was it a FULL medical, or what it just a vaccination transcription?
The medical was done in China, the vaccinations done here in NC.
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Darnell, I will give them a call on Monday, thanks a bunch. I saw other posts about contacting congressmen, but that takes a lot of time and I only have until 7/26 so your way sounds best.
Harpa:
The document says "A review of the applicant's USCIS records fails to reveal Form DS-2053,DS-3024,DS-3025 or DS-3026. The medical examination you had done prior to entering the United States has not arrived in your file. Please provide a new medical examination.
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After reading the rather cryptic RFE a few more times, it doesn't come right out and say lost I-693, it says they did not receive the medical exam she had in China or the DS-2053,DS-3024,DS-3025 or DS-3026.
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perhaps is error ?
Call USCIS, get a Tier 2 Human, an ISO, and inquire about the location of the medical packet. Ask the ISO to put in a 'find the medical packet' request.
I called 800-375-5283 listed on the RFE, no options on talking to anyone. How do you get a Tier 2 Human?
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Our application was transferred to CSC and we thought everything was going well and maybe an interview waiver, but now we just got an RFE for another I-693. We went to the civil surgeon and everything was sent in the sealed envelope last April 2011. We have until 7/25 to get another one. Is there a way around this?
TIA
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tea is ok. make sure it's a sealed bag, not something loosely tied or zip-locked -
a heat seal seam...
Some kind of label is useful, as well, even if it's in chinese.
Do you have any personal experience shipping tea? If so,can you recommend a good express company? I know there is EMS, any others that are other?
TIA
All of a sudden, lots of problems with USCIS
in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
Posted
Thanks for the support. We think the same, someone reported us. We have much more evidence then when we first started and have nothing to hide, they can check anything they want.