Dawn Louise

OK, we received the hard copy of our NOA2 today. It doesn't say anything about being passed on to the NVC, it says it's been forwarded to the London, England consulate. Does that mean I will be receiving the paperwork packets from London to do all the financial proof or am I thinking wrong and missing something?

The NOA2 reads...

The above petition has been approved, and forwarded to the listed consulate.

Now...what can I expect when it gets here? Any one have tips on what the next step is going to be?

Ok everyone...it looks as if Vermont is finally working on June submissions.

Derek and I got notification by email on October 5th that our I129F has been approved and that the paperwork has been mailed with further instructions.

So...hang on all of you June submitters, if they got to us they will be getting to you hopefully soon.

We filed at the very beginning of June. They received our petition on June 7th. We received an NOA1 with no instructions and we have not received an RFE or anything else. The only and last time it shows our file was touched on their site is June 10th. The USCIS timelines for Vermont show 5 months from start to finish for an I-129f/K-1. This is driving us nuts not knowing where we stand who to contact, or if anything has been done with our paperwork. Many others who filed around the time we did, and even some after, have gone straight through. Some even already have their visas and are planning their trips to the US. We have heard nothing and it just doesn't seem fair.

Oh, you welcome! Have a wonderful life with Derek and your kids!

You're in Buffalo, NY. I am in Westchester county, near White Plains in NY.

Loto

Thank you, I plan to. You too with your partner as well! I hope everyone on this journey does.

Wow, we're nearly neighbors...lol. I've driven through there while traveling with the family many times!

I hope you don't mind, but I'd like to add you to my friends list. You can add me as well. Thanks again for all your help.

Dawn

It looks like you are all set, Dawn!

If possible, show the total income little above than the threshold, just in case. If you have any other assets (cash, bond, stock, home etc.), it would be helpful as well.

Good luck!

Loto

Thanks so very much. You really helped put my mind at ease. I don't have much in assets except for my vehicle, and that doesn't come to the extra either, thats why my son jumped at the chance to be Derek's sponsor as well. I'm so lucky my kids bonded so well with him. We've known Derek for 10 years, so it's a good and stong bond we all share.

Thanks again for all your help. You've been brilliant!!

Dawn

Anyway, you are showing your last 3 years IRS transcripts, so NVC can see that your son was dependent in it. It should not be a problem, even if your son has only the current year return. Some kind of explanation on a separate paper would be handy to them along with AOS submission.

Good luck!

Loto

I just noticed you mentioned my son showing as a dependant on my 3 returns previously. Actually he's been living with my first ex-husband since he was 17, so he won't show up on them, he actually still lives with my ex because he went blind, so my son lives there and helps him with daily needs. My two youngest sons will show up on the tax returns. (I have 4 sons, 2 are grown and not home anymore.)

Will this be an issue if he doesn't show? He and all my other sons adore and have a strong bond my fiance' and he wants to help all he can in the process of bringing him home to our family.

Thanks,

Dawn

Then, everything looks good. Keep an eye on 2010 poverty line guide as well. The numbers will be little different, normally upward trend.

Good luck!

Loto

OK, wonderful. Thanks so much. This was something I wasn't sure about and figured I'd ask when I seen this come up. I'm glad I did. It never hurts to ask questions and glean as much information as you can.

Dawn

It should not be a problem. You said you make $25,147. Is this the amount from your own income OR combined with your ex-spouse?

Loto

That's what I make at my job, so it's my own income. I get paid bi-weekly, so I figured it out by multiplying my hourly pay x 40 hours to get the weekly amount. Then weekly amout by 52 (weeks in a yr). I am due a raise in March, and that will put me in the range where I wouldn't need a co-sponsor, but I'm sure my fiance' will be going for his interview before then.

Thanks,

Dawn

Anyway, you are showing your last 3 years IRS transcripts, so NVC can see that your son was dependent in it. It should not be a problem, even if your son has only the current year return. Some kind of explanation on a separate paper would be handy to them along with AOS submission.

Good luck!

Loto

OK, thank you. Will it make any difference if my last 3 years of returns have my ex husband as joint filer? We have been divorced since the beginning of the year, but our marriage was over years ago. The only reason he was still with me was because he became disabled on the job and I was being kind and helping him by letting him stay while he got the medical care he needed to recover as best as he could so he could move out and I could start my life

Thanks. I hope I'm not asking too many questions...lol. Better to be informed and prepared than not I say.

Dawn

2009 I-864P states $27,562 for household of size 4. The difference is $2,415.

You have 2 options:

1) If your 20 year old son makes more than $2,415 a year, it is good enough.

2) If you are US citizen, you can show your asset value 3 * $2,415 = $7,245 to qualify.

Loto

OK thats a lot of help. Yes he makes more than that. I also wonder, since he's only beginning in his working career, he's been at this job for almost a year and this will be his first time filing taxes. Will the fact that he's never filed for taxes before be an issue? I only ask this because I know they ask for previous tax returns.

Thank you all so much for the help. I am still learning what this process is about, and I am getting my education in it as fast as I can. I'd be lost if not for the community.

Dawn

You need to include your fiance, as he is the person you are sponsoring to come here.

OK, so if I make 25,147.00 a year that means I'm under the level. Any idea how much a co-sponsor would have to make in order to help me with this? I have a 20 year old son who's willing to be the co-sponsor if he makes enough. If not I have to figure something else out.

Thanks.

Dawn

I have a question somewhat pertaining to this. I am not sponsoring my spouse, but am in the K-1 process. When the time comes to do the financial proof...do I include my fiance' in my household size (he would make us a house of 4),or just myself and my 2 sons since he and I aren't married yet? Curious to know in case I need to get a co-sponor because I was only figuring in myself and the boys.

Thanks in advance for any information I receive.

Dawn

Congratulations!!! I'm so happy for you.

I have a question and I know you're the person to come to with it.

Derek just got his police certificate back. It says "NO LIVE TRACE"

Does this mean we wont need the I-601 or will the other check come back to bite him in the backside?

Again, CONGRATS!!! I'm thrilled for you!!!!

Dawn

Congratulations!! I hope that means we may be upcoming for our NOA2 as well.

Again, Congrats!!!

Hi Derek

In that case I would do what I said in my previous post regarding collecting all your past criminal history files, like police records, police certificates and your court records and make an appointment with a good I-601 Waiver lawyer and he/she will be able to tell you your chances based on whatever hardship criteria you may have.. I urge you to get this under way now as it will take some time for your Lawyer to put together a good waiver package and to save time you will want to present this at the end of the K1 interview when they deny you entry or alternately you could drop the K1 Visa and get married over here in the UK and then apply for a K3 married Visa as the hardship waiver is stronger on a K3 rather than a K1 because you will have a US spouse and in-laws/step-children, but a K1 you will only have a Fiancée which is a far weaker position to be in.

I am sorry to be the bearer of bad news, but I was in exactly the same boat as you when I started this 2.5 years ago, we got denied on the K1 so we decided to get married over in the UK which took 2 days for my USC wife to get a visa to enter the UK to marry me, after this we filed a K3 visa, got denied again which we expected but then filed the waiver and we are still waiting, but I did not have the support of this forum which would have saved us the K1 waiting period as we would have gone straight for the K3 if we had known.

Anyway good luck and if you need any pointers just ask.

Regards

Andrew

Andrew,

We had thought of getting married over there, but were given information that meant I would have to be in the UK for at least a month in order to have a registered marriage ceremony. I am a single mother of four boys (2 still live at home and attend school) as well as I have a full time job that pays the bills and I can't just drop financing our household to disappear for a month. Is there a faster, easier way to get legally married in the UK on the proper visa paperwork allowing me to marry Derek there?

Thanks,

Dawn

Hi Derek

Now that you have listed some of the types of crimes you have committed it is a bit clearer, as petty theft is considered as Larceny in the USA as a misdemeanor and grand theft is considered as Larceny as well but as a felony.

Also can you tell us if you have visited the USA on the Visa Waiver Program since you have committed these crimes, and if so did you say YES or NO to the question regarding "Have you ever committed a crime involving moral turpitude" as this will determine what type of waiver you will require? and from what you have stated so far it looks like you will be denied the K1 visa based on just the crimes alone, but a mis-rep charge may also be added if you have been to the USA without declaring your previous criminal history.

Please read this text that we have found to explain the meaning of theft:

"theft n. the generic term for all crimes in which a person intentionally and fraudulently takes personal property of another without permission or consent and with the intent to convert it to the taker's use (including potential sale). In many states, if the value of the property taken is low (for example, less than $500) the crime is "petty theft," but it is "grand theft" for larger amounts, designated misdemeanor, or felony, respectively. Theft is synonymous with "larceny." Although robbery (taking by force), burglary (taken by entering unlawfully), and embezzlement (stealing from an employer) are all commonly thought of as theft, they are distinguished by the means and methods used, and are separately designated as those types of crimes in criminal charges and statutory punishments."

I would also recommend reading the following document produced for USCIS staff to determine grounds of inadmissibility: http://www.state.gov/documents/organization/86942.pdf

Here are a couple of relevant passages:

"9 FAM 40.21(a) N2.2 Defining “Moral Turpitude”

(CT:VISA-753; 06-29-2005)

Statutory definitions of crimes in the United States consist of various

elements, which must be met before a conviction can be supported. Some

of these elements have been determined in judicial or administrative

decisions to involve moral turpitude. A conviction for a statutory offense will

involve moral turpitude if one or more of the elements of that offense have

been determined to involve moral turpitude. The most common elements

involving moral turpitude are:

(1) Fraud;

(2) Larceny;

(3) Intent to harm persons or thing."

and

"9 FAM 40.21(a) N2.3-1 Crimes Committed Against Property

(CT:VISA-1318; 09-24-2009)

a. Most crimes committed against property that involve moral turpitude

include the element of fraud. The act of fraud involves moral turpitude

whether it is aimed against individuals or government. Fraud generally

involves:

(1) Making false representation;

(2) Knowledge of such false representation by the perpetrator;

(3) Reliance on the false representation by the person defrauded;

(4) An intent to defraud; and

(5) The actual act of committing fraud

b. Other crimes committed against property involving moral turpitude

involve an inherently evil intent, such as the act of arson. The following

list comprises crimes frequently committed against property, which may

be held to involve moral turpitude for the purposes of visa issuance:

(1) Arson;

(2) Blackmail;

(3) Burglary;

(4) Embezzlement;

(5) Extortion;

(6) False pretenses;

(7) Forgery;

(8) Fraud;

(9) Larceny (grand or petty);

(10) Malicious destruction of property;

(11) Receiving stolen goods (with guilty knowledge);"

We are here to try and help you, so the more you tell us the more we can help point you in the right direction, however you must also be truthful otherwise you will get incorrect information and waste your time as well as ours.

Good luck

Andrew

Thank you so much for the advice Anderw. I have told Derek his first step should be to get a police certificate and see what shows up on it. I also told him that during a background check, ones not listed might possibly show up in other ways, so he needs to be willing to be completely honest and admit freely to any bad behaviour he's responsible for, so it doesn't trip him up worse by not disclosing anything.

I myself have a question conserning Derek's situation.

I have had a glance at the form I-601 and it's instructions. If he does have to file this, can he tick the lines for his crimes as well as him having ticked NO on his travel documents? It does say select all that apply. Does this mean he can do it all on one I-601 or will he have to file seperately for each?

Thanks in advance for your help and advice.

Derek's fiancee'

Dawn

Yes, got hardcopy of NOA2 already.. delivered through mail 03July but my Fiance didn't check the mail and just saw it today. Approved after 21 days, and exactly one month when we sent it out. No moves/touches/updates on USCIS website. So for all those who have been obsessively checking that website or waiting for an email notification, you may want to check your actual mailing box instead.

Happy 4th of July to all of you!

Yeah! Another one going through fast. Let's all hope this continues for us all.

Congrats!! Happy 4th of July!

I would suggest you send actual pictures. You can easily have the digital pictures printed at a local shop somewhere. Make sure to write the date, where it was taken. and who is in the picture on the back of it. I had all my digital photos printed of at my local Rite Aid pharmacy. I was able to send them to my Rite Aid over the internet and picked them up the next day.

Hope this helps.

Good luck!

Hey People!!!!

finally We re starting to do the papers.. My fiance and i.. re better than ever( had a huge fight before)!! so excited!!!

Hey.. the only thing I got is phone bils, pics, stamps in his passport, trip itinerys, .Do you think that s is enough proof???

Also we re hire a lawyer cause he doesnt have the time to do everything.... Has somebody hire one too?How much he will be charge?

We submitted our I129-f at the beginning of June. I included actual pictures, copies of phone records, old letters and cards with postmarked envelopes, flight itiniarys, boarding passes, reciepts for proof of buying things while on our visits, bus reciepts, a brochure from the hotel we stayed in, anything I could think of that would show proof of us being together and communication with each other was included in our packet.

Good luck with your submission. I hope this helps a little.

Congratulations!!! Ours hasn't been touched since we submitted the I129-F and got the NOA1. The USCIS site still says June 10, 2010. I hope this is a sign that they're working on things and ours is moved forward soon too.

Again, Congrats!!!