magmay06

Thank you Apple for your reply, I appreciate it?

By the way, how do we go thru the process of amendment?

anyone? where to put the cover letter?

Cover letter should be the first page in the documents that you are going to submit.

I am a permanent resident , my husband a USC is petitioning my 16 yr old son. However I am encountering problems, I wasn't married to my sons father but there was a date of marriage in his birth certificate. I have an affidavit saying that nomarriage took place, nso cert of no marriage had it red ribboned by the consulate, and got a certificate ofno marriage from the civil registry .What else do I need to do? Please help me.

Hello fellow members,

Please am begging for your help and any advice you can give me. I badly need it as i really don't know what to do.

Here is the scenario:

A - Petitioner-USC husband

B - Beneficiary of the I-130 filed-My 2 kids (as husband's stepchildren)

C - I Came here on a K1 visa (2007) and just filed my Removal in July '2009

D- Never married to the father of my kids but father's name was in my kid's Birth Certificate.

Now I just got an RFE letter from USCIS and this is what it says:

The petitioner is seeking to establish a qualifying relationship based on a stepparent/stepchild relationship,Since a step relationship is based upon a marriage that would create the step-relationship, the marriage in question must be valid for immigration purposes to establish the claimed relationship, the petitioner must submit the ff. evidence:

To establish the claimed step-relationship,submit all divorce and death certificates issued by the civil authorities that terminated the marriage between the benefeciary and natural parents.

1.ANNULLMENT/DEATH DECREE- Submit a legible final certified copy and certified English translation of the annulmment or death issued by the civil authoritied that terminated between: _____(my name)and_____(Kid's father's name).

2.Foreign Language Documents -Any documents containing a language other than english must be submitted with afull english language translation.

Plsss.. am begging for your ideas especiall to my fellow pinays who have been through this same situation.

My questions are:

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

2.How will i get a death decree?- I have no idea if the father of my kids is still alive or where he is and never plan to keep in touch with him at all. he was out of the picture since our 2nd child was born in(2001).

3. When hubby filed K1 for me in 2006..I submitted a CENOMAR or certificate of no marriage proving that even though i have kids i was not married to the father of the kids?That is why i was issued a K1 visa with no problem.

4. My 11 yr.old got a Phil.passport with no problem just showing DFA the CENOMAR. and my 8 yr old son just filed for his passport as well and is scheduled to pick up his passport this OCt.21. and Department of Foreign Affairs in Manila asked for my latest CENOMAR( August 2009) and it shows that I am married to my husband now who is the petitioner for my kids.THe CENOMAR never showed any previous marriages coz like i said i was not.

5.I got 2 same RFE's for my 2 kids.What do i need to do andwhat documents do i need to submit to the USCIS??

I was thinking i may need some kind of affidavit stating that the marriage on the BC of my kids was fictitious or something like fake..would this be enough or valid? If so where will i get it ?Can i make it on my own and have it notarized or it should be from the Phils.signed by the kid's father?

Please... I need your help .Thank you very much in advance.

Hi! Happywifeymom,

How have you been able to solve the problem of having a date of marriage on your kid's birth cert. Does the CENOMAR and the Proof of no Marriage Cert that you get from the Civil Registry suffice?

I would appreciate it very much if you will be able to answer my question. thank you!! Good luck!!

Hello fellow members,

Please am begging for your help and any advice you can give me. I badly need it as i really don't know what to do.

Here is the scenario:

A - Petitioner-USC husband

B - Beneficiary of the I-130 filed-My 2 kids (as husband's stepchildren)

C - I Came here on a K1 visa (2007) and just filed my Removal in July '2009

D- Never married to the father of my kids but father's name was in my kid's Birth Certificate.

Now I just got an RFE letter from USCIS and this is what it says:

The petitioner is seeking to establish a qualifying relationship based on a stepparent/stepchild relationship,Since a step relationship is based upon a marriage that would create the step-relationship, the marriage in question must be valid for immigration purposes to establish the claimed relationship, the petitioner must submit the ff. evidence:

To establish the claimed step-relationship,submit all divorce and death certificates issued by the civil authorities that terminated the marriage between the benefeciary and natural parents.

1.ANNULLMENT/DEATH DECREE- Submit a legible final certified copy and certified English translation of the annulmment or death issued by the civil authoritied that terminated between: _____(my name)and_____(Kid's father's name).

2.Foreign Language Documents -Any documents containing a language other than english must be submitted with afull english language translation.

Plsss.. am begging for your ideas especiall to my fellow pinays who have been through this same situation.

My questions are:

1.How will I get an annullment decree when in the first place we were not married even though his name is in my kids's Birth certificate and shows date and place of marriage(Fake).

2.How will i get a death decree?- I have no idea if the father of my kids is still alive or where he is and never plan to keep in touch with him at all. he was out of the picture since our 2nd child was born in(2001).

3. When hubby filed K1 for me in 2006..I submitted a CENOMAR or certificate of no marriage proving that even though i have kids i was not married to the father of the kids?That is why i was issued a K1 visa with no problem.

4. My 11 yr.old got a Phil.passport with no problem just showing DFA the CENOMAR. and my 8 yr old son just filed for his passport as well and is scheduled to pick up his passport this OCt.21. and Department of Foreign Affairs in Manila asked for my latest CENOMAR( August 2009) and it shows that I am married to my husband now who is the petitioner for my kids.THe CENOMAR never showed any previous marriages coz like i said i was not.

5.I got 2 same RFE's for my 2 kids.What do i need to do andwhat documents do i need to submit to the USCIS??

I was thinking i may need some kind of affidavit stating that the marriage on the BC of my kids was fictitious or something like fake..would this be enough or valid? If so where will i get it ?Can i make it on my own and have it notarized or it should be from the Phils.signed by the kid's father?

Please... I need your help .Thank you very much in advance.

Hi! Happywifeymom;

it is only now that i saw your post. I have a friend who is in the same predicament , any update on how you fixed the papers of your children?

God Bless

Magmay06

Although, on this link for a memo to aid K-1 holders getting a SSN card RM 00203.500 found in the 'Step by Step guides" it says; "1. Aliens Work Authorized Without Specific DHS Authorization

The following sections list nonimmigrants, by alien class of admission codes, who are authorized to work in the U.S. without specific authorization from DHS. The person’s I-94 will not have the DHS employment authorization stamp and the alien will generally not have an EAD."

and at #25 on that list is K-1

DISCUSS!!

I'm totally befudled by the whole thing. I firmly believed all that was previously written here. i.e. that is against the law for holders of K-1 to work without an EAD and that the chances of that arriving prior to you applying for you AOS was slim to none so why bother, just have a month or two off and plan the wedding and apply for your work authorization once married. Sorry if I am going over old ground but the confusion extends from above document contradicting everything else.

Andy

U'r right! that was what I saw too the memo to aid K-1 holders getting SSN card the RM 00203.500. In there in the 6th paragraph it says that Some I-94s issued to K-1s are stamped or annotated "EMPLOYMENT AUTHORIZED" and some are not. Either way, the I-94 is proof a K-1 alien is authorized to work.

So I want to set the record straight. I saw too the link above and it also says that K-1 are permitted to work once they have applied for and have been issued an EAD from USCINS.

I was just wondering if a K1 is allowed to work. Correct me if I'm wrong, but I read it somewhere that it says that in some POE's K1 are given EAD and some are not. So generally K1 are allowed to work. And what is the consequence if you work without EAD.

Venus took her CFO seminar in Manila and has her CFO certificate. We are going to Cebu in a few weeks to get her CFO sticker. Does anyone know if there are any documents she will need besides her visa and CFO seminar certificate to get the sticker?

Thanx

The sticker should have been given to her where she took her CFO seminar, right after the seminar at the same time they give the certificate, I wonder why you still have to go to Cebu to get her sticker? anyway, just her passport and the certificate is what she needs to present.

hey guys!

thank you so much for the support and ideas that u've shared.. i received my visa today! =)

Sherryl

CONGRATULATIONS!! GOOD LUCK!

congratulations magmay!!

& sherryl; magmay is right on target. the only time you'll need to pay for anything is when the visa is approved. i hope they got your address right coz its been awhile now and you havent got word of anything. if push comes to shove, i recommend going back to the embassy physically, if possible to settle this. my fiances mother got the letter for her when they carrier dropped it off, do you live with family? and like i said if you recieve the dreaded letter of denial, have your fiance with you when you go for the "disposition" if you can, not saying you need to but it helps alot, but then again lets hope you dont have to go through what magmay and i did, lets hope you get that VISA as smooth as k1member. take care. keep us posted.

Thank you Bmagno, I guess the presence of my fiance during the disposition helped a lot. I am wondering what could have happened if my fiance wasn't with me. Good Luck!!

hello magmay!

I just wanna ask if u pay the AIR21 when they sent you your denied visa letter and ur passport? How much?

Thank.

SHERRYL

Hi! Sherryl, Initially during the first interview the consul told me that he could not give me a visa coz of the tax return where my fiance declared a loss on his business. So he returned my passport. However they gave me a white paper which required me to submit the original affidavit of support coz I guess what I had submitted was the photocopy. The letter that was sent by the embassy was sent on a registerd mail. That was after I submitted the affidavit of support and his employment certificate , and other docs of his income source. It says that I need to call the embassy or appear on a specified date and time so the Consul could discuss why they can't give me visa. BUT it turned out otherwise. When I got to talk to the consul, I went there with my fiance who is my husband now, He just asked us when do we plan to get married and that's it. My Visa was approved. I was given a pink slip - to go and and pay for the delivery of my visa. You only pay AIR 21 for the delivery of your visa. When your application for visa is denied , they will return all your docs,your passport and they will tell you the reason why they can't issue you a visa. So you will resolve whatever needs to be done. Good Luck! By the way we got married on July 10.

Do u think they always give chances for applicants to see the CO to explain why they refuse the visa?

I guess so. They will explain to you why they cannot give you a visa.

Thanks magmay06, i will let u know the status once i submit what we can submit and once we receive the respond from them. cross-fingers. hope i can get visa like you too.stressful and headache.

congratulations again.

Thank you Sherryl. Maybe your fiance could accompany you on your next appointment. It helps too. At least he would be able to explain to the CO the circumstances about his income. Good Luck!!

Hi Everyone,

I am new here so be gentle.

Anyway, I read everything about that case of requesting the applicant to submit that Evidence of Current Sustained Income from the petitioner, I have the same problem too. Me and my petioner dont know what to submit anymore since we passed his Tax Return, he is self-employed but own a house and renting it out, so we atached his Tenant's Contract too, and his ID as Realtor. Since we all know that the economy is bad, he didn't make any deal last year, but he still has his place rented. I also attached his Bank Statement but the CO didn't even give a glance on it. Can you help me guys? Or even an idea of what to submit? Thank you.

Sherryl

Hi! Sherryl, What about submitting a year to date proof of income also his husiness card. Evidence of Current Sustained Income is any proof that he has an ongoing or current source of income. To show the CO that he will be able to support you when you go join him. It may be very stressful but just hold on,have faith, you can do it!!

HI magmay06,

when u went back for disposition of ur case, did u call them for appointment for the CO? did u pay again for that?

thank u so much, pls let me know. and congratulations.

Thank you Sherryl. No, I didn't call them for appointment because it is in the letter, a date and time when I need to go back to the embassy for the disposition of my case. And I didn't pay anything. What's the latest update on your case?

I had my second interview on May 20th and was approved. I was told that my visa will be delivered with in 10 days. On the 6th day of waiting I tried tracking my visa but tracking says not found. I called the embassy to inquire and I was told that it may be delivered within 6 weeks. WhaT?! Alas!! twas delivered on the second week. Am so glad! Waiting is over!!

congratulations to you, my fiance finally went to on monday to the embassy to give them what they needed. i had prepared for her tax transcripts dating back since 2006, paystubs (a whole lot of it!....12 pages if i recall), diploma and even a statement letter from me stating why i had made less then the poverty guidelines from 2009 tax return. i also had prepared my current bank statement, plus my part-time job verification letter and paystubs and last but not least the w2 from 2009 (most current).

come to find out all they took from all of that was my paystubs from my fulltime job, current bank statement, my partime job verification and paystubs from that, my letter statement to them and the w2 from 2009. thats what they said was more then sufficient as evidence of sustained income.

they saw my diploma but said they didnt need it as well as the tax transcripts since 2006. they already had a copy of my w2 from 2009 but took this other one anyway...the new reviewer told my fiance that the initial reviewer overlooked it, can you believe that?

this time they took her passport from her and stated to her that a authroized air carrier will bring it to her with the visa.

they told us to wait 7-10 days. we are waiting.

Am so glad to hear that! CONGRATULATIONS AND GOOD LUCK!!

How soon can my foreign fiance prepare everything like police clearance? I'm thinking if he can get that early

. Are they going to reject it and will ask for the most recent one?

Thank you

The NBI clearance is released after 2 weeks and is good for one year so start it now.start gathering pics and letters too. It's better to start early. You need to start gathering your financial docs too. Good luck!!

Hi folks...just wanted to share with you all about our AOS interview from a K-1. Our interview was in Chula Vista, Ca. We had to wait a little pasted our appointment time. We were sworn in, then the man just asked us for marriage license, birth certificates, divorce papers, passports and any docs we had that showed our names together.

That was asked for just quickly, then he started going through our file which was about 3 inches thick very carefully. He was a very professional person, but there was not very much conversation, just a few questions like address, her parents name, how we met and when did I go to phils and when did she last come to USA. A lot of silence between questions, the interview lasted about 30 minutes, seemed longer, hahaha.

But again he was very through, but at the end we signed and received a copy of a paper that tells us that informs us of when we have to file for the removing of conditions. Then he said, he was recommending that Rhiz be issued a GC. Seemed like so long waiting to hear those words spoken. He said, that our file has to be approved by a supervisor and that we should receive a GC in the mail in about 2 -3 weeks. :dance:

Again very professional, but just not a lets say friendly and a person that seemed to try to put you to ease, but very through so I have no doubt that he did not miss anything in his review, ha ha ha. WOW, seems like a dream, but we have come so far. We really are very happy!! God Bless all because it was for all the help and information of this site that allowed us to complete this process. During our entire K-1 process from beginning to now, we got only 1 RFE, and that was requiring us to provide a medical for her AOS. We contacted our Congressman, they contacted USCIS, and they found it. But again it was because of help from VJ people that we took steps that worked our for us and our paper work was complete.

THANKS!!!!!!!!!!! GOD BLESS!!!!!!!!!!!

CONGRATULATIONS !! GOD BLESS!!

Good morning all. Please help.

1. How do I know if I make enough money to petition my fiance? Can someone please show me a link where to find out? or tell me what is the minimum salary required to be able to petition your fiance from the Philippines?

2. Do is send orginal or copies of my tax returns and W2?

3. I have an underage step son that I included in my I-129F form. When filling out the I-134 do I also include his name? He wont be traveling with my fiance. Our plan is to pick him up with in a year after she comes to the U.S.

Also, I havent seen his name in any of the paperwork I've received(NOA1, NOA2, letter for interview) is this normal? Does he need to be present for the interview?

Thanks for your time and I greatly appreciate all the help.

You may include your stepson in the I-134 item no.3: name of spouse and children accompanying or following to join person. He's presence is not needed during interview.We plan to get my son too within a year. My fiance did not put

my son's name in the I-129f but we put his name in the I-134 and in the other forms that we submitted to the NVC.

No cause of worry, though you don't see his name in the paperwork the embassy's aware that he will follow to join.

I myself was asked by the consul when he will be joining.

I JUST WANT TO SAY MY BABY PASSED HIS INTERVIEW!!!!!!!! Tnx you to all of you who have helped me and fiance through this journey. I only found out he passed because he had to go back to the hotel because he forgot to bring money to pay for the visa. He texted me to call ASAP and when I spoke to him OMG that joy and sounds of his voice I just knew he passed. Thank you God and to everyone on this site!!!!!! Another PINK SLIP from the Embassy in Manila

CONGRATULATIONS AND GOOD LUCK!!

My fiance's based in oak harbor so that's where i'm going have you bought your ticket?

I have yet to finalize my travel plans til the visa/passport is delivered.he he!Let me know where you purchased ur ticket and what airline.Mine is based in Everett. Good Luck!!

Reading the tax return will explain why the figures are different but it is common for 2009 line 22 total income from a 1040 would be different from current income. The difference is not a discrepancy. Possible reasons...

1. Got a raise in pay

2. Employment letter doesn't include discretionary year end bonus

3. Investment or casualty losses

4. Worked only part of last year

5. Declared additional self-employment income

6. Loss from business or real estate activity

...and the list can be much longer.

Only the self-employed use last year's tax return as the basis for stating current income even in the cases where the numbers ARE the same.

Thank you for your reply pushbrk.My fiance is on a 1099. So I understand..

Hi! lb619, you just need to show them a proof of your current ongoing income like certification from your employer stating your monthly income and you will be good.Good Luck!!

my fiancee just finished her interview at the manila embassy but was given a noticed stating that they are not able to complete the process of the immigrant visa application until we present the EVIDENCE OF CURRENT SUSTAINED INCOME from me (the petitioner). I am fairly confused on what to do next. I am stressed, worried, cant sleep or even eat. This is so overwhelming. We are so close and yet so far. Can anyone please help us out there? can someone shed some light? We are planning to have her go back on monday with copies of my current paystubs from present to a years past, w2's from 2009, 2008 and even 2007 and my bank statements. will that be sufficient? or would i need to re-do the whole affidavit of support over ontop of that proof? can anyone give me all the examples of current EVIDENCE OF SUSTAINED INCOME to satisfy the embassy?? thankyou for all your help and i look forward to anyone with an answer.

Hi! Bmagno23, Me and my fiance have gone through what you were experiencing right now.My fiance declared loss in his tax return due to loss in his business.During my interview CO said he can't give me visa coz my fiance's income is not enough to support me.But I was given this white paper asking for my fiance's original affidavit of support.When I submitted the affidavit,I also attached his certificate of employment.After two weeks I got I a letter from them,saying that I will not be granted a visa due to inadequate financial support and if I wanted to discuss the matter , a date was given for the disposition of my case by the CO.Don't you think mine is more stressful? Don't loose hope. What you need to do is get a certification from your employer of your year do date income.That's what the embassy needs.To show them a proof that you have ongoing income that will support you and your fiancee when she comes over eventually. Good Luck!!

By the way during the disposition , i went to the embassy with my fiance.the CO said "Everything's solved". No questions whatsoever about my fiance's finances.We were able to get the PINK SLIP. I am sure you will get it too.