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Christi85

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  1. Like
    Christi85 got a reaction from Laura & Kyle in Forgot to Remove Condition on my Permanent Resident card   
    The OP's case has nothing to do with bullying from USCIS. There is the law and the OP violated it. Period.
    If you or friends of yours have issues against USCIS for your own reasons, it has nothing to do with the OP's situation. The OP has inflicted their predicament unto themselves, 100%. It's not USCIS' fault that they didn't pay attention and broke a law that would have given them the privilege of permanent residence in a fairly straightforward manner.
  2. Like
    Christi85 got a reaction from Harpa Timsah in Forgot to Remove Condition on my Permanent Resident card   
    The OP's case has nothing to do with bullying from USCIS. There is the law and the OP violated it. Period.
    If you or friends of yours have issues against USCIS for your own reasons, it has nothing to do with the OP's situation. The OP has inflicted their predicament unto themselves, 100%. It's not USCIS' fault that they didn't pay attention and broke a law that would have given them the privilege of permanent residence in a fairly straightforward manner.
  3. Like
    Christi85 got a reaction from jezebelseven in I-751ROC and lving overseas   
    Being away for 3 months should not affect your ROC.
    Living in each country part time once ROC is granted may or may not be a problem depending on how you define "part time".
    Your wife will still be a permanent resident after ROC, so she will still have the obligation to be physically present in the US for certain periods of time, and at the very least not be away for over a year continuously. However, the longer she stays away and the more often she leaves the country, the more likely it will be that she gets questioned at POE about her really being a permanent resident of the US.
    Also, if she ever decides to file for citizenship, she will be required to be physically present in the US for an absolute minimum of 6 months every year in order to qualify, so you may want to take that into account.
    If you plan to live in two countries part time, your best bet would be to wait until she is eligible to file for citizenship (3 years after she first became PR) and once citizenship is granted, there is no restriction as to where you two can live and for how long.
    Based on current processing times, ROC takes anywhere from 6 to 9 months start to finish, and citizenship application is anywhere between 3 and 6 months start to finish for the vast majority of cases.
  4. Like
    Christi85 got a reaction from The Nature Boy in I-751ROC and lving overseas   
    Being away for 3 months should not affect your ROC.
    Living in each country part time once ROC is granted may or may not be a problem depending on how you define "part time".
    Your wife will still be a permanent resident after ROC, so she will still have the obligation to be physically present in the US for certain periods of time, and at the very least not be away for over a year continuously. However, the longer she stays away and the more often she leaves the country, the more likely it will be that she gets questioned at POE about her really being a permanent resident of the US.
    Also, if she ever decides to file for citizenship, she will be required to be physically present in the US for an absolute minimum of 6 months every year in order to qualify, so you may want to take that into account.
    If you plan to live in two countries part time, your best bet would be to wait until she is eligible to file for citizenship (3 years after she first became PR) and once citizenship is granted, there is no restriction as to where you two can live and for how long.
    Based on current processing times, ROC takes anywhere from 6 to 9 months start to finish, and citizenship application is anywhere between 3 and 6 months start to finish for the vast majority of cases.
  5. Like
    Christi85 got a reaction from pinkmartini in I-751 April 2013 filers   
    Ok, so what date did you actually send your application to USCIS? This is your I-751 date that needs to be put on the list.
    The "date of receipt" (aka NOA1 date) will be on your NOA1 letter.
  6. Like
    Christi85 got a reaction from AnotherLostSoul in she doesnt want to support my petition anymore   
    Allow me to play devil's advocate.
    I totally understand the pain that a miscarriage can bring, I understand the combination of crazy hormones and sorrow from the loss and how in many cases it can bring a couple's previously happy relationship upside down. I even understand that in some cases, an event like that might even destroy a couple's relationship. My guess is one of two:
    1) With all due respect, I wonder if there are things you are not telling us. It's one thing for a wife to go crazy after a painful circumstance, take it out on her husband or even consider divorce on some occasions if things between the couple get too bad. But even so, it's a big stretch to accuse you that you married her to take advantage of her for immigration benefits, even more so to go as far as write USCIS about it, accusing you of fraud. I wonder if she has deeper reasons to believe that you married her to use her.
    2) If the above is not true, it could be that your attitude was so focused on obtaining the permanent green card when you were suffering such a big blow as a family, that it made her believe it was all you cared about, and thus she drew the conclusion that you married her for the wrong reasons.
    Now on to your question about the 10 year green card:
    Her sending a letter to USCIS is very bad for your case. USCIS is likely to believe her and at the very least grill you before they decide to approve you. I also think you should expect an interview and you may have to change your petition status from joint to waiver. Going forward, a good immigration attorney is probably required, in order to help you navigate the procedure and have a fair chance. It is to your benefit that you can present joint ownership and financial responsibilities - this will help you show that the marriage was entered in good faith. Her past pregnancy, even though it ended badly, could also be proof of a valid marriage.
    As to your relationship with your wife, I really hope you can sort things out between the two of you. If not, you should consider filing for divorce and moving forward. All the best!
  7. Like
    Christi85 got a reaction from Ochili in Have you ever heard of this ?   
    TazzingOut: with respect, but if you re-read your answers to what people have posted trying to HELP YOU with your question, you will hopefully realize that it's you who's being rude and inconsistent.
    You previously said on another thread that you have been denied before, so it's YOU who said it, nobody putting words in your mouth. Then you come back to bite at people who discovered this older post of yours and you go on a tirade about the US and people in America (which, frankly, scared me a bit - if you hate the US this much, why do you even want to come here? Maybe you should get your wife to live in Egypt with you instead).
    People are able to go back and see older posts you see, and if you are going to start a new thread without giving all the facts, they are going to get upset because the purpose of this forum is to try and help each other. But if one is concealing information about their case/situation, then they're wasting everyone else's time, which is why people got upset.
    To answer your original question: yes, there have been a lot of CR-1/IR-1 denials before, both from Cairo and pretty much everywhere else, even Consulates that are considered lenient. There is no guarantees. Also, being from Egypt, expect to be put under Administrative Processing which can last anything from a few weeks to several months, even if your visa is approved at the interview.
    I do wish you good luck, but it sounds like you don't really want to come to America and you hate everything this country stands for (by the way, one of the main reasons people coming from MENA countries are put under AP, this widespread mentality is of concern to the Authorities), so even if you are denied (a second time?) it shouldn't be the end of the world for you. Your wife can always come live in Egypt with you.
  8. Like
    Christi85 got a reaction from { Puretaqwa } in I-751 April 2013 filers   
    Updating list for xelance
    California Service Center (11 applicants)
    VJName...........Date of I-751......NOA1 Date......Biometrics......Approved....
    SUDO...............04/01/13.........04/03/13.......05/01/13........--/--/--....
    CHRISTI85..........04/02/13.........04/03/13.......05/06/13........--/--/--....
    FRENZYHEART........04/04/13.........04/--/13.......--/--/13........--/--/--....
    PAULANDBECKYR......04/05/13.........04/--/13.......--/--/13........--/--/--....
    SARA L.............04/05/13.........04/--/13.......--/--/13........--/--/--....
    TABS...............04/06/13.........04/--/13.......--/--/13........--/--/--....
    PASHMAK............04/06/13.........04/--/13.......--/--/13........--/--/--....
    {PURETAQWA}........04/09/13.........04/--/13.......--/--/13........--/--/--....
    MISSICY............04/10/13.........04/--/13.......--/--/13........--/--/--....
    XELANCE............04/10/13.........04/--/13.......--/--/13........--/--/--....
    GAP1...............04/12/13.........04/--/13.......--/--/13.......--/--/--.....
    Vermont Service Center (8 applicants)
    VJName...........Date of I-751......NOA1 Date......Biometrics......Approved....
    SAMBILLZ...........04/01/13.........04/04/13.......--/--/13........--/--/--....
    GJEN...............04/08/13.........04/--/13.......--/--/13........--/--/--....
    KENSINGTON.........04/09/13.........04/--/13.......--/--/13........--/--/--....
    HANIEL.............04/12/13.........04/--/13.......--/--/13........--/--/--....
    H1983..............04/12/13.........04/--/13........--/--/13.......--/--/--....
    MRCLEAN............04/15/13.........04/--/13.......--/--/13........--/--/--....
    SKYNAUT............04/16/13.........04/--/13........--/--/13.......--/--/--....
    TRACY67............04/17/13.........04/--/13........--/--/13.......--/--/--....
    IMPORTANT!
    * Make sure that your VJ Text Editor setting is set to Rich Text Editor.
    * Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.
    * Please DO NOT change the font, font size, add colors, stuff like that.
    * Please PREVIEW before posting to make sure it is properly formatted.
    * Please check that you have not deleted anyones NAME & DATA.
    Date of I-751 = The Date you sent your application
    NOA Date = The Receipt Date on your original NOA letter
    Biometrics = The Date of your biometrics appointment
    Approved = The Date your case was approved
    * Please Capitalize your VJ Name when adding it to the list.
    * When you're on this list, please come back to update your information accordingly.
    * If you cannot add your information yourself, please ask another VJ member to help you do so.
  9. Like
    Christi85 got a reaction from { Puretaqwa } in I-751 April 2013 filers   
    Fixing format. Remember new data needs to be added to the latest version of the list, otherwise everyone else's data gets lost.
    California Service Center (10 applicants)
    VJName...........Date of I-751......NOA1 Date......Biometrics......Approved....
    SUDO...............04/01/13.........04/03/13.......05/01/13........--/--/--....
    CHRISTI85..........04/02/13.........04/03/13.......05/06/13........--/--/--....
    FRENZYHEART........04/04/13.........04/--/13.......--/--/13........--/--/--....
    PAULANDBECKYR......04/05/13.........04/--/13.......--/--/13........--/--/--....
    SARA L.............04/05/13.........04/--/13.......--/--/13........--/--/--....
    TABS...............04/06/13.........04/--/13.......--/--/13........--/--/--....
    PASHMAK............04/06/13.........04/--/13.......--/--/13........--/--/--....
    {PURETAQWA}........04/09/13.........04/--/13.......--/--/13........--/--/--....
    MISSICY............04/10/13.........04/--/13.......--/--/13........--/--/--....
    GAP1...............04/12/13.........04/--/13.......--/--/13.......--/--/--.....
    Vermont Service Center (4 applicants)
    VJName...........Date of I-751......NOA1 Date......Biometrics......Approved....
    SAMBILLZ...........04/01/13.........04/04/13.......--/--/13........--/--/--....
    GJEN...............04/08/13.........04/--/13.......--/--/13........--/--/--....
    KENSINGTON.........04/09/13.........04/--/13.......--/--/13........--/--/--....
    HANIEL.............04/12/13.........04/--/13.......--/--/13........--/--/--....
    IMPORTANT!
    * Make sure that your VJ Text Editor setting is set to Rich Text Editor.
    * Go to the MOST RECENTLY POSTED VERSION of this list (go to the last post and scroll UP) and "Reply" to it, deleting the "quote" tags in your reply.
    * Please DO NOT change the font, font size, add colors, stuff like that.
    * Please PREVIEW before posting to make sure it is properly formatted.
    * Please check that you have not deleted anyones NAME & DATA.
    Date of I-751 = The Date you sent your application
    NOA Date = The Receipt Date on your original NOA letter
    Biometrics = The Date of your biometrics appointment
    Approved = The Date your case was approved
    * Please Capitalize your VJ Name when adding it to the list.
    * When you're on this list, please come back to update your information accordingly.
    * If you cannot add your information yourself, please ask another VJ member to help you do so.
  10. Like
    Christi85 got a reaction from Mrs.R in Forgot W2's with tax returns   
    First time I hear W2s were required for ROC. I know they were required for the affidavit of support, but that was because they needed to check we were above the poverty line etc. What's the point now?
    I sent a tax transcript for 2011 but for 2012 we had just filed, so I just sent a copy of our complete tax return including all the schedules, but without a W2. I don't see why it's needed anyway. It's the IRS's job to verify our income, but USCIS is only responsible to verify validity of marriage, so how much income one made is none of their business.
    Anyway, now that our 2012 tax return has been processed, I will go ahead and order a 2012 tax transcript and keep it just in case we get an RFE.
    In my humble opinion, if they really want something and it's important that they have it, it should be clearly stipulated in the instructions. If it isn't clearly stated in the instructions, then people are going to send what is their interpretation of what they're asking for, which is what so many of us did.
    Anyway, everyone - let's not freak out about it. Worst case scenario, all of us who didn't send in a W2 get an RFE and we send in tax transcripts and/or a copy of the W2 if it's that essential to them and we then get approved
  11. Like
    Christi85 got a reaction from { Puretaqwa } in I-751 April 2013 filers   
    That is correct, however the NOA1 and the biometrics appointment letter are in most cases received within a month of filing I-751. So it's safe to assume that the vast majority of people will get their letters within a month of filing. If not, a call to USCIS or an InfoPass appointment may be in order, in case the letter has been lost in the mail etc.
    It seems like California tends to be a little quicker in that department, with NOA1 and biometrics letters received within 2 weeks or so of filing, whereas Vermont tends to be on the slower end of this timeline. Yet, with both Service Centers, the vast majority of filers get their letters within the above time frame.
    Then for the actual adjudication of the petition, it is indeed pure luck. Some get processed quicker, others are processed slower and there isn't much (if anything) one can do to speed it up.
  12. Like
    Christi85 got a reaction from TBoneTX in she doesnt want to support my petition anymore   
    Allow me to play devil's advocate.
    I totally understand the pain that a miscarriage can bring, I understand the combination of crazy hormones and sorrow from the loss and how in many cases it can bring a couple's previously happy relationship upside down. I even understand that in some cases, an event like that might even destroy a couple's relationship. My guess is one of two:
    1) With all due respect, I wonder if there are things you are not telling us. It's one thing for a wife to go crazy after a painful circumstance, take it out on her husband or even consider divorce on some occasions if things between the couple get too bad. But even so, it's a big stretch to accuse you that you married her to take advantage of her for immigration benefits, even more so to go as far as write USCIS about it, accusing you of fraud. I wonder if she has deeper reasons to believe that you married her to use her.
    2) If the above is not true, it could be that your attitude was so focused on obtaining the permanent green card when you were suffering such a big blow as a family, that it made her believe it was all you cared about, and thus she drew the conclusion that you married her for the wrong reasons.
    Now on to your question about the 10 year green card:
    Her sending a letter to USCIS is very bad for your case. USCIS is likely to believe her and at the very least grill you before they decide to approve you. I also think you should expect an interview and you may have to change your petition status from joint to waiver. Going forward, a good immigration attorney is probably required, in order to help you navigate the procedure and have a fair chance. It is to your benefit that you can present joint ownership and financial responsibilities - this will help you show that the marriage was entered in good faith. Her past pregnancy, even though it ended badly, could also be proof of a valid marriage.
    As to your relationship with your wife, I really hope you can sort things out between the two of you. If not, you should consider filing for divorce and moving forward. All the best!
  13. Like
    Christi85 got a reaction from yas1 in I don't have joint taxes!!!   
    Not having joint tax returns is unlikely to ruin your case in itself if you have plenty of other evidence of a bona fide marriage and financial co-mingling. Technically you could get an RFE for this I suppose, but if your package is otherwise complete with good and strong evidence, they may not even care at all about the lack of joint tax returns. In and of itself, it's unlikely to be a reason for denial. Make sure your package contains a lot of other good evidence.
    Re joint tax returns, I agree with what other people have said - filing jointly, especially if there is only one income, will get you much better tax breaks. If nothing else, I'd make sure my husband was aware of that. And yes, you can always amend your tax returns at any point and change your filing status to "married filing jointly" if you guys decide so.
    Best of luck with ROC and be sure to add yourself to the April filers thread when you do file
  14. Like
    Christi85 got a reaction from hikergirl in waiting for green card after ROC accepted!   
    In order to maintain your Permanent Resident status, you cannot be outside of the United States for over a year continuously at any given time. If you have to stay outside the country for over a year, you usually need to apply for a Re-entry permit. Information here: http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=b11747a55773d010VgnVCM10000048f3d6a1RCRD&vgnextchannel=db029c7755cb9010VgnVCM10000045f3d6a1RCRD
    In order to be eligible to apply for citizenship, you cannot be outside the country for over 6 months continuously for every year that you wish to have counted towards your citizenship eligibility (3 years if filing citizenship on the basis of marriage to a USC, which sounds like your case). Since you are going to be outside the country for over 6 months, that means that you reset the clock, so to speak, for your citizenship eligibility. Meaning, you will need to demonstrate 3 continuous years of permanent residence in the US(at least 6 months for each year, that is) AFTER you are back from your trip, since this coming year will be out for you in terms of citizenship eligibility. You do not have to apply for citizenship, in fact some people never do, but if this was part of your plans for the near future, note that with such a long trip abroad you will not be eligible again for citizenship until 2017 (assuming you leave on your trip in 2013 and return in 2014, when the clock will start counting again).
    With all the above said, it sounds like you are more concerned about keeping your Permanent Residence status, as you didn't mention applying for citizenship anywhere. Theoretically you should be fine coming back after 11.5 months without the need of a Re-entry permit, however since you will be marginally at the 12-month mark, be prepared to be asked a lot of questions upon re-entry, because they are not going to like that you were away for that long and they may suspect that you returned at 11.5 months to avoid losing your Permanent Resident status and think that you might leave again soon (i.e. that you are not really a Permanent Resident).
    This is entirely up to you, but here's what I would do if I was you:
    Either: a) cut my trip much shorter, to 3-6 months if possible, or b)defer the trip until next year, if at all possible, especially since your 3-year eligibility for citizenship must be coming up soon (when did you first enter the US as a Permanent Resident?). So I would wait, apply for citizenship (process takes 3-6 months) and once I got citizenship, I would then leave for my long trip, since citizens do not have any restrictions on how long they can stay outside the country.
  15. Like
    Christi85 got a reaction from rkk1 in HELP! He suddenly has the worst pre-wedding cold feet and we're falling apart!!!   
    I do feel for you.
    While I do understand the cold feet, there are a few things that scare me in the situation the way you describe it.
    First, getting cold feet is quite normal/expected up to a point, but it's a completely different thing to question your feelings for your other half over some random acquaintance, also given your relationship background (you said you've broken up before because he wasn't sure about his commitment to your relationship - and then he begged for forgiveness).
    With all due respect, your fiance wants to have his cake and eat it. You were absolutely right to make it clear to him that if he decided against marriage at this point he'd never see you again (what would be the point anyway?). To that he showed complete lack of understanding by taking this as an ultimatum on your behalf, when the only thing you're trying to do is save yourself more misery than what he's currently putting you through. He sounds like he wants to have his way no matter what. Even if he decided he didn't want to get married now, he'd want to go on with the relationship until further notice, and you'd have to go along with that in his book. How about your expired visa after 90 days? How about the fact that such a decision on his behalf would nullify your K1 visa and effectively make you illegal if you stayed past the 90 days without marriage and a subsequent AOS? What about the fact that you're giving up your life, family, prospects and career in your home country just to be with him? He doesn't sound like he's taking any of this into account, or your feelings for that matter.
    These are my concerns and fears judging on how you described the situation, the background of your relationship and your discussions.
    I'll agree with all those who said "get on that plane". Go there and clarify things. Be prepared for everything. If he decides not to get married even after you've talked face to face and spent some time together, stick with your decision to go back home and disappear from his life. At that point you'll know that he'll be nothing more than trouble for you in the future.
    If it turns out to be just a very bad case of cold feet that disappears after he sees you, then I wish you every happiness in the future and I hope this crisis brings you closer together and makes you stronger in your marriage.
    Let us know how things turn out.
  16. Like
    Christi85 got a reaction from charity1214 in Crushed- CIMT and 601   
    Sorry to hear about your woes.
    If exclusion case (2) applies to your husband's case IN FULL, then it seems like he may not be ineligible for the visa due to the CIMT.
    I too would advise you to seek a lawyer's advice though - at the very least he could draft a letter for you stating the above and presenting evidence in order to convince the Embassy that a waiver is not required and that your husband is otherwise eligible for the visa.
    Is there no way you can save up for a few hours of consultation? A lawyer who is experienced at filing waivers shouldn't need more than a few hours total to consult with you on your case, advise you on the documents you will need to bring to them as evidence and then drafting the waiver letter itself.
    Re the waiver: I am no expert by any means, so I'm only going to offer my opinion based on how you have described your situation. To me it sounds like the strongest point to your favor would be your children's custody and the fact that you wouldn't be able to leave the country and take the kids with you without having to go through the expenses and psychological cost of a legal battle with their father. A competent lawyer should be able to present this in a favorable light with the right type of language to demonstrate hardship.
    A couple other ideas (don't know if they apply, but they may help you think more outside the box - you're obviously quite flustered right now):
    -How about your children's school? Could there be a particular reason why your children should not move areas or schools? You didn't mention their ages, but for example: does one of your kids excel at a sport their school is very strong at? Or does their school have a strong academic record, so that if they changed schools this could affect their chances of academic progress and/or entry into a good college? You get the point.
    -How about your job in the States? Do you perhaps do a specialized job that requires you to be in a certain region to stay employed? Does the region where your husband lives in Canada have available jobs in your sector, or is there a shortage and you would struggle to find something in your field if you moved there? Again, you get the gist.
    -Would your husband's income be enough to cover the financial needs of both of you + your children for possibly several months? If you had to move with him to Canada and take your family with you, would all of you be able to live solely off of your husband's earnings until you found a new job for yourself? I assume you'd have to leave your job in the States to move to Canada and be with him.
    Like I said, I don't know if any of the above ideas are applicable to you, but try to think outside the box in regards to hardship. I'm sure you'll come up with things that haven't even crossed your mind as potential problems, and an experienced lawyer should also be able to offer a valuable input.
    On the positive side, it looks like your case (1 CIMT, years ago, no other record since) should be more straightforward than many other cases, and I have no reason to believe that the CO at the Embassy was fooling around with you when she said you shouldn't have a problem getting the waiver approved.
    Good luck and once again, do speak with a good lawyer! It will boost your chances of approval!
  17. Like
    Christi85 got a reaction from TBoneTX in Crushed- CIMT and 601   
    Sorry to hear about your woes.
    If exclusion case (2) applies to your husband's case IN FULL, then it seems like he may not be ineligible for the visa due to the CIMT.
    I too would advise you to seek a lawyer's advice though - at the very least he could draft a letter for you stating the above and presenting evidence in order to convince the Embassy that a waiver is not required and that your husband is otherwise eligible for the visa.
    Is there no way you can save up for a few hours of consultation? A lawyer who is experienced at filing waivers shouldn't need more than a few hours total to consult with you on your case, advise you on the documents you will need to bring to them as evidence and then drafting the waiver letter itself.
    Re the waiver: I am no expert by any means, so I'm only going to offer my opinion based on how you have described your situation. To me it sounds like the strongest point to your favor would be your children's custody and the fact that you wouldn't be able to leave the country and take the kids with you without having to go through the expenses and psychological cost of a legal battle with their father. A competent lawyer should be able to present this in a favorable light with the right type of language to demonstrate hardship.
    A couple other ideas (don't know if they apply, but they may help you think more outside the box - you're obviously quite flustered right now):
    -How about your children's school? Could there be a particular reason why your children should not move areas or schools? You didn't mention their ages, but for example: does one of your kids excel at a sport their school is very strong at? Or does their school have a strong academic record, so that if they changed schools this could affect their chances of academic progress and/or entry into a good college? You get the point.
    -How about your job in the States? Do you perhaps do a specialized job that requires you to be in a certain region to stay employed? Does the region where your husband lives in Canada have available jobs in your sector, or is there a shortage and you would struggle to find something in your field if you moved there? Again, you get the gist.
    -Would your husband's income be enough to cover the financial needs of both of you + your children for possibly several months? If you had to move with him to Canada and take your family with you, would all of you be able to live solely off of your husband's earnings until you found a new job for yourself? I assume you'd have to leave your job in the States to move to Canada and be with him.
    Like I said, I don't know if any of the above ideas are applicable to you, but try to think outside the box in regards to hardship. I'm sure you'll come up with things that haven't even crossed your mind as potential problems, and an experienced lawyer should also be able to offer a valuable input.
    On the positive side, it looks like your case (1 CIMT, years ago, no other record since) should be more straightforward than many other cases, and I have no reason to believe that the CO at the Embassy was fooling around with you when she said you shouldn't have a problem getting the waiver approved.
    Good luck and once again, do speak with a good lawyer! It will boost your chances of approval!
  18. Like
    Christi85 got a reaction from TBoneTX in Do people really ever get rejected?   
    Some common reasons for a visa denial (at interview stage):
    1) The ConOff is not convinced that the couple have a genuine marriage/relationship
    2) The beneficiary has some sort of criminal background that makes them ineligible for a visa to the US
    3) The beneficiary has some contagious disease or mental problem that makes them a "public hazard", and therefore ineligible for a US visa
    4) The beneficiary has breached US immigration rules in the past (e.g. overstayed a visa and/or entered the country undocumented and/or was deported) so they are banned from entering the US for several years, therefore ineligible for a US visa for a long time
    There are several other reasons for denial, but these are the most common. Points 2,3 and 4 may give the option of filing for a waiver to overcome ineligibility, but the waiver is not guaranteed either, the process takes months, and it needs to be prepared by an experienced and competent attorney to stand a chance of being granted.
    Assuming that none of points 2,3,4 apply to your case, your main burden is to convince the COs of your genuine and bona fide marriage. The good news is that this is fairly straightforward to prove if one's marriage is indeed bona fide.
  19. Like
    Christi85 got a reaction from Nich-Nick in k-1 administrative processing times at London embassy   
    Young males from Muslim-dominated countries, or who have spent a considerable amount of time in such a counrty, or who (like you) have a muslim-related name/middle name/surname are very often put under AP for background and security checks, mainly being investigated for links to terrorist groups/organisations. It's unfortunate, it can be unfair and unwarranted in some cases, but it is unfortunately very common when one or more of the above is true.
    There is no way to tell when AP is going to be over, as it seems like checks are done manually and every time there is a hit they need to pause and look into it before continuing with the checks. If you have a common name as you said, then the hits are going to be many more, so the process can take longer (unfortunately even several months). The only thing you can do is wait until you are contacted with the result of the AP (which in 95% of cases is approval of the visa as long as all your other documents are in order - on the bright side).
    Also, just to say that missing an I-134 has nothing to do with AP. Your visa approval back in November was suspended until you could present them with the document they asked for. Once this was over and done with, you were placed in AP for the actual background and security checks.
  20. Like
    Christi85 got a reaction from Shawn & Emi in Overstay and 10 ban - what can we do   
    Hi Andy,
    Well, I don't mean to sound harsh but if it wasn't unlawful to overstay a visa, then visas wouldn't have an expiration date, would they?
    Freedom doesn't mean freedom to break the law, and being a US citizen yourself you must have been aware of how much of a problem illegal immigration is to the US. So how could overstaying a visa (=staying in a country illegally) not be against the law?
    Now, on to your options (yes, her K-1 will most probably be denied because of the ban):
    1) You file an I-601 waiver demonstrating extreme hardship by being apart, hoping that it will be approved. Some waivers get approved, but many don't. Give it your best, hire an attorney with experience in filing waivers, but also be prepared for the worst case scenario. If it's approved, great! The 10-year ban will be lifted and as long as the case doesn't have any other red flags, your fiancee should get her visa. If it's not approved, there are options 2, 3 and 4 for you.
    2) If your I-601 isn't approved, you should be able to fight it by submitting updated information. This time you may be luckier and get it approved. If not, then you only have one of the options 3 or 4.
    3) You move to Argentina to live with her until the end of 2018 when her ban will expire. Then you will be able to file again and hopefully be approved without a problem. OR, you stay and settle in Argentina and don't bother with the US visa ever again.
    4) You stay apart until she is eligible to enter the country again in 2018, when you file for her immigrant visa, and in the meantime you visit her in Argentina as often as possible. I don't think you'd pick this one, but it's still an option.
    Good luck!
  21. Like
    Christi85 got a reaction from james&olya in Hell after NOA2   
    Girl, count your lucky stars!!! That's all I can say!! You don't want to be married to this guy, seriously!!
    So you DID send him an e-card after the flowers did not get delivered and it still wasn't good enough for him!!
    And he kept threatening to call off your visa because he didn't get a Valentine's gift which wasn't even your fault!!
    I've been reading this thread with my husband and we're both speechless. It's one of those stories that you couldn't have made up even if you tried.
    Consider yourself lucky you didn't leave your life behind to go to the other part of the world and get into a marriage with this guy.
    Sorry OP, I'm trying really hard not to be offensive but you sure aren't making it easy for us
  22. Like
    Christi85 got a reaction from Nich-Nick in Why the US?   
    Thought I'd add my two cents.
    I'm not originally from the UK (I'm from another EU country - one of the rather poor ones) but my husband and I met in London while doing our Master's degree here in 2007 and have been here ever since.
    So to begin with, going to live permanently in my country of origin is out of the question, at least for the next several years.
    But why did we decide to leave the UK and go to the States (we're moving to Southern California):
    1)bad and very unpredictable weather in the UK. It can very easily be cold and rainy in mid-July, and this restricts any outdoor activities we could have planned. For this reason, we would never want to raise kids here as we feel we'd be constantly restricted due to the weather. We simply want to go out and play with our kids pretty much whenever we feel like it
    2)London (can't talk about the countryside, but then I don't think we could realistically live in the countryside due to the lack of jobs) is overly crowded and populated. As a result, houses and flats tend to be on the small/very small side, and are also extremely expensive for what they are. When you see what your money can buy here and there (even if "there" is Southern California which is generally expensive), and when you know that there the climate is also 100 times better, then it's hard to resist.
    3)Taxes in the UK are generally higher than in the US, and salaries are quite lower. My husband has a marketing manager job here in London and he gets paid £30k, whereas for similar positions in the US the equivalent salary is at least $60-$70k.
    4)Back to the kids argument, I wouldn't want to raise kids in London because, from what I've seen, the mentality among most teenagers here is: "drinking and sleeping with as many different partners as possible makes you cool". Surely it's not ideal in the US either, but the US is still more conservative and family-oriented than the UK today.
    There are lots of other reasons, but for us these are the main ones. It all comes down I suppose to better quality of life in the US - better weather, larger living space, more variety for family activities, generally higher income etc. etc.
    Good luck in your visa journey!
  23. Like
    Christi85 got a reaction from Brother Hesekiel in Support circumstance   
    If your income is over the poverty guidelines (presumably after you've converted your Ivorian income to dollars), then chances are that you ARE required to file tax returns with IRS too, no matter that you live and work abroad. You probably won't have to pay US taxes as you'll likely qualify for the foreign-earned income exemption, but you do need to declare this income to the US government.
    IRS will not punish you if you file retrospectively, so I strongly suggest you look more into it and take action asap if needed. If you are required to file tax returns with IRS, then the Consulate will want to see your returns.
    Also, I agree with Penguin. Your income has to be US-based to qualify. So it can only be used on the affidavit if it's going to continue from the same source while in the US and past your maternity leave. If this isn't the case, then you definitely need a co-sponsor.
    If the same income is going to continue in the US (i.e. if you're going through an internal company transfer) then a letter from your employer stating that or a written job offer for the US (or even better, a signed contract) is good proof.
  24. Like
    Christi85 got a reaction from Tahoma in HELP! He suddenly has the worst pre-wedding cold feet and we're falling apart!!!   
    I've told you before that I admire your way of thinking and your courage. God bless you!! It's HIS major loss!!!
    I had a similar situation a few years back - fortunately we didn't go as far as an engagement and a planned wedding, but it was quite a serious relationship and I too thought we were soulmates, made for each other etc etc. I was his first serious relationship and he left me with the exact same excuse - he wanted to explore his life and other relationships. Just so that you're warned, this type of person will most definitely come back in a couple months and beg you to take him back. He'll even stick around if you keep saying no. Don't make the mistake of letting him into your life again, as he'll most definitely be like this for your whole life together - immature and manipulative. That's exactly what that ex of mine did (i.e. came back begging) and he was after me for years after that, even though I kept making it clear that it was a no and even though I was in other relationships!! Just move on with your life, you deserve much better! When you meet the real man of your dreams you'll know immediately because all he'll want will be you, no conditions attached. That's exactly what happened to me when I met my now husband!
    Best of luck and I hope your real other half comes to your life very very soon!
  25. Like
    Christi85 got a reaction from TBoneTX in HELP! He suddenly has the worst pre-wedding cold feet and we're falling apart!!!   
    I've told you before that I admire your way of thinking and your courage. God bless you!! It's HIS major loss!!!
    I had a similar situation a few years back - fortunately we didn't go as far as an engagement and a planned wedding, but it was quite a serious relationship and I too thought we were soulmates, made for each other etc etc. I was his first serious relationship and he left me with the exact same excuse - he wanted to explore his life and other relationships. Just so that you're warned, this type of person will most definitely come back in a couple months and beg you to take him back. He'll even stick around if you keep saying no. Don't make the mistake of letting him into your life again, as he'll most definitely be like this for your whole life together - immature and manipulative. That's exactly what that ex of mine did (i.e. came back begging) and he was after me for years after that, even though I kept making it clear that it was a no and even though I was in other relationships!! Just move on with your life, you deserve much better! When you meet the real man of your dreams you'll know immediately because all he'll want will be you, no conditions attached. That's exactly what happened to me when I met my now husband!
    Best of luck and I hope your real other half comes to your life very very soon!
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