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KayDeeCee

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  1. Like
    KayDeeCee got a reaction from yachachiq12 in New employment ramifications on affidavit of support   
    If you haven't even filed the I-129F petition yet, then there is even less to worry about. The average time from filing the petition to getting approval and then an interview at the consulate scheduled is 6-8 months. You will have been working at your job for closer to a year by then. The I-134 and financials do not come into play until the interview stage. http://www.visajourney.com/content/k1guide
  2. Like
    KayDeeCee reacted to Hank_ in poverty level   
    Give it a rest, you are becoming a nagging headache.
  3. Like
    KayDeeCee got a reaction from LeftCoastLady in poverty level   
    Using that example still does not show someone can get through with just 100% of the poverty level. She stated her pension was over the 125% level and asked the consulate if she could use her income because it was above the needed 125% level, as it will continue the rest of her life even when she is in the US. She posted the instructions for the I-864 that state the intending immigrant's income can be counted if it will continue. The instructions and guidelines for the I-864, including the requirement of 125% of the poverty level, are what the consulates go by. Not the I-134 instructions, as has been noted in previous threads about the poverty level requirements.
  4. Like
    KayDeeCee got a reaction from Samantha78 in Best way to pay AOS fees?   
    Are you filing AOS from a K-1 visa? Then the fee is $1070 period. You do not send anything to the NVC. Put your check or money order in with the paperwork you are sending to the Chicago lockbox.
    Also, you do not need any other proof besides a copy of your certified marriage certificate. Save all other evidence for the interview, if you have one. Check the guides here for a list of what is needed: http://www.visajourney.com/forums/index.php?autocom=custom&page=k1k3aos
  5. Like
    KayDeeCee reacted to Harpa Timsah in Transfer to NBC?! Normal or bad?   
    NBC is where they all go. It is in Missouri (your case number has MSC on it). Your EAD and AP and background checks will be done there, and the I-485 (alone) either will be sent to a local office for interview or to CSC for no interview.
  6. Like
    KayDeeCee got a reaction from keysjangle in Questions about I-129F, Petition for Alien Fiancé(e)   
    Why did your name change? Was it marriage? Through the courts? You need to provide the document that shows your legal name change, so if your name is different than the one on your birth certificate because you got married before, then provide your marriage certificate that shows your name change. Also provide the divorce decree that shows that marriage was terminated. If you filed a name change through the courts, then send a copy of the name change document from the court to prove your name being changed. Where the forms ask for old names or other names used, put your name that is on your birth certificate. So, the name you put there matches with the name shown on your document that proves the name change occurred, and when you show your birth certificate at the interview no one is confused. They know that is you, and it is indeed your birth cert.
  7. Like
    KayDeeCee got a reaction from meadowzephyr in Questions about I-129F, Petition for Alien Fiancé(e)   
    Even if she gets a lawyer, you still need to provide the lawyer with your information and documents to be sent to the USCIS.
    Take it slow and read through the instructions, fill out and gather together one thing at a time. Ask specific questions here when you get stuck.
    The cover letter is just used to list the documents you are sending in the order you stacked them. It makes it easier to find what they need, and it helps you make a checklist of what you are sending so you do not forget anything.
    You can write how you met in person in the last 2 years on the form in the space provided. No extra sheet is needed if it fits there.
    The letters of intent are mentioned in the I-129F instructions. Payment amount and exactly who to make out the check or money order is also in the I-129F instructions.
    Only a copy of the US citizens birth certificate is required with the I-129F petition. Also, if either of you have been divorced before, then you need to provide copies of the divorce decrees.
    You will each need to fill out a G-325A form and each provide 1 passport sized (2x2 inch) photo to go along with those forms.
    I think it is easier to read through the I-129F instructions, then look at the guides to help you along. There are also example forms here you can look at to help in filling out the forms, and templates for the cover letter and letters of intent. http://www.visajourney.com/content/examples
    Don't get too far ahead of yourself with the flowchart and what will happen down the road for the interview stage. Focus on what needs to be put together to mail out the petition first. Once you have that worked out and mailed, you will have a few months of waiting time to work on researching what is needed down the line when it is time for your interview at your consulate.
  8. Like
    KayDeeCee reacted to JimVaPhuong in Poverty Line Requirement   
    INA section 213:


    Sec. 213. [8 U.S.C. 1183] An alien inadmissible under paragraph (4) of section 212(a) may, if otherwise admissible, be admitted in the discretion of the Attorney General (subject to the affidavit of support requirement and attribution of sponsor's income and resources under section 213A) 1/ upon the giving of a suitable and proper bond or undertaking approved by the Attorney General, in such amount and containing such conditions as he may prescribe, to the United States, and to all States, territories, counties, towns, municipalities, and districts thereof holding the United States and all States, territories, counties, towns, municipalities, and districts thereof harmless against such alien becoming a public charge. Such bond or undertaking shall terminate upon the permanent departur e from the United States, the naturalization, or the death of such alien, and any sums or other security held to secure performance thereof, except to the extent forfeited for violation of the terms thereof, shall be returned to the person by whom furnished, or to his legal representatives. Suit may be brought thereon in the name and by the proper law officers of the United States for the use of the United States, or of any State, territory, district, county, town, or municipality in which such ali en becomes a public charge, irrespective of whether a demand for payment of public expenses has been made.
    The posting of a bond doesn't waive the affidavit of support requirements for those immigrants who need one. A bond is simply a means by which an alien who has been found inadmissible because of the "public charge" requirement might be able to overcome that inadmissibility by posting a bond, at the discretion of DHS. However, if the alien is required under section 213A to have a sponsor submit a sufficient affidavit of support then that requirement still applies. A bond can't be used to overcome an insufficient affidavit of support.
  9. Like
    KayDeeCee reacted to VanessaTony in NO Medical Exam For AOS! MUST READ   
    Yes... we know. The instructions clearly state it yet people will STILL come and ask about it.
  10. Like
    KayDeeCee reacted to VanessaTony in AOS - Vaccination report   
    You don't have the original. You should have a copy and the original should be in the packet you handed over at POE.
    Send a copy.
  11. Like
    KayDeeCee reacted to JimVaPhuong in HELP PLEASE ASAP!!!!   
    Geez, no! This isn't true. She can marry anyone she wants, anytime she wants to. Entering with a K1 visa doesn't make it illegal to marry someone else. It just means she won't be able to adjust status and get a green card. She won't be deported unless she overstays and ICE gets their hands on her (which is unlikely), and she won't get a ban of any kind unless she overstays by 180 days or more. She can marry her new boyfriend and leave the US before her I-94 expires, and she won't have broken any laws. Getting a spousal visa based on the marriage - that's another story...
    Yes, this would be perfectly legal. The biggest problem she'll face is trying to prove the relationship is legitimate at the CR1 visa interview. If someone enters the US with a K1 visa, the petitioner subsequently dies, and the beneficiary marries someone else, all before the I-94 has expired, that would literally scream sham relationship to most consular officers. Most people would be emotionally wrecked after their fiance died, and wouldn't be ready for another relationship, much less marriage, for a long time. I'm sure this situation is going to smell like a boatload of rotten fish to the CO.
  12. Like
    KayDeeCee got a reaction from Nich-Nick in New Medical Requirement for AOS in 2012??   
    Don't need all the pages of the US passport. Instructions say you can just use the bio page as proof. Much easier than copying all the pages front to back.
  13. Like
    KayDeeCee got a reaction from Nich-Nick in New Medical Requirement for AOS in 2012??   
    Yes, you have to copy them all if sending in place of a birth certificate for the I-129F. The I-864 instructions just say the biographical page. Not sure why one needs them all and the other doesn't when both are being used to establish US citizenship, but hey, it saves people time, paper and ink that way.
  14. Like
    KayDeeCee reacted to VanessaTony in New Medical Requirement for AOS in 2012??   
    AOS
    - you didn't include tax returns for your wife OR if she wasn't required to file, letters stating why she wasn't required to file.
    - you didn't include evidence of your FIL's citizenship/LPR status.
    - you included tax returns for your FIL and sometimes these can be missing info which is why IRS transcripts are preferred.
    - I assume you mean marriage CERTIFICATE as the licence is just permission to marry, it's not proof you did.
    AP
    Fine.
    EAD
    Fine
    I believe your RFE will probably be for the I-864. The immunisations as well MAYBE but I definitely think the I-864.
  15. Like
    KayDeeCee reacted to Nich-Nick in New Medical Requirement for AOS in 2012??   
    No new rules for 2012 but a new form I-693 that is poorly designed. Read the instructions for new form I-693, p.4 (if I remember correctly) and it will tell you that the K1 medical is good for 12 months.
    Your RFE could be because your medical results may have been lost. If they don't match up what you turned in at POE to your AOS application, then they can't approve you, even if you send a photocopy of the DS-3025. The one they need to see is the original in your file. And you also won't be cleared of all medical conditions if your file is lost.
    Another possible RFE. New I-693 (just like the previous) says:

    If the vaccination record (DS-3025) was not properly completed and included as part of the original overseas medical examination report, you will have to have the vaccination report completed by a designated civil surgeon. So yours doesn't look "properly completed" to me and could be rejected. Not saying it won't be forgiven but there are small oversights by the panel physician that an adjudicator could zero in on if he's a stickler.
    Line 1- didn't check any shot names
    Line 3 - didn't check any shot names
    Varicella line- needs VH written in column 6 instead of checkmark. If you had a lab test to check immunity, then a date goes in that box. He just wrote immune by the shot.
    You can read his instructions for completing the form here http://www.cdc.gov/immigrantrefugeehealth/exams/ti/panel/vaccination-panel-technical-instructions.html#worksheet
    Tdap includes Tetanus, Diptheria, acellular Pertussis (not Polio). You need T and d within the last 10 years to pass AOS.
    Pertussis is a once in a lifetime shot, so if you had it (you did) as a baby, then a Td gets you past AOS. If you didn't have proof of DTP (baby version) then you might be given Tdap to cover the pertussis requirement.
    The capital letters I used medically mean big doses of vaccine and lowercase letters mean smaller doses. Studies have shown some adverse reactions to D and P when given to adults, so the d and p mix like Boostrix were developed for adults. USCIS will accept Td or Tdap or DT or DTP or DtaP.
    Actually zero shots are required for a K1 visa. Australia my have a local preference that you get them since you will need them shortly for AOS, however immigration law does not mandate shot requirements for K1 non-immigrant visas.
  16. Like
    KayDeeCee got a reaction from VanessaTony in I-485 RFE (INITIAL) RECEIVED , I-864 RELATED - PLS ADVISE !   
    You came to this forum asking advice because you received an RFE for a form you paid a lawyer to fill out correctly for you. The majority of people on this forum did not use a lawyer, filled out our forms correctly and received no RFEs. 90% of the posts I see here on VJ about lawyers are posted because the person hired an attorney and the attorney did not file their case correctly, and/or gave them wrong information about the laws and procedures.
    I am not resentful of lawyers. I have no reason to be. It is indeed a waste of money to pay someone to fill out forms that can be filled out yourself for free, and completed correctly the first time around.
    You asked us for answer, and you received the same correct answer over and over. It was wrong, the answer was supposed to be a 0. You apparently do not like the answer you have been receiving, so I am not sure why you came here to ask in the first place then.
    It was wrong. The example form shows how it is to be filled out. You do not count anyone twice, therefore, since you are listed as the immigrant already, your wife puts a 0 for spouse. This form can be used by other people that have a spouse that is NOT the immigrant, and they would need to count their spouse there. In the case of the sponsor being married to the immigrant, they need to enter 0 for the simple fact that is plainly stated: DO NOT COUNT ANYONE TWICE! For the purpose of this form, when the sponsor is married to the immigrant, then they are counted as the immigrant being sponsored by them in 21 a., and they are not counted as the spouse in such a case, so that is a 0 in 21 c. It is not really that difficult. There definitely is no reason for any letters such as an 'r' to be entered in any of those boxes.
    I filled out my I-864 just like that, with 1 for 21 a. and a 0 for 21 c. My husband's AOS was approved without an RFE.
    You doubted what your lawyer put on the form, came here, discovered it WAS wrong to input an 'r' in the field, and STILL you wonder if it was a mistake or not. *shrugs* Wonder away.
  17. Like
    KayDeeCee reacted to jdh in I-485 RFE (INITIAL) RECEIVED , I-864 RELATED - PLS ADVISE !   
    Excuse me? You come here asking for help, you get an almost unanimous answer that your lawyer screwed up, and not only do you still question the "expertise" but you also slam and mock the hundreds and thousands of us who believe hiring a lawyer in most immigration cases is unnecessary?
    Where do you come from and what is your education that you as an immigrant are so confident in your knowledge of the United States legal system and it's workings?
    In fact, your assumption that a 'salvage' case is the time you don't need a lawyer is ridiculous. Those are the times when you should consult a lawyer because they may be able to help you find an answer you were unaware of. For most cases, especially for English speaking applicants, immigration forms are simple and hiring a lawyer would, indeed, be a waste of money. The instructions given by USCIS are, for the most part, clear and if that isn't easy enough for you to figure out you have forums like this that provide not only experienced answers but example forms to walk you through.
    Name one case of a person on here that has filed and then had a USCIS employee claim that they never filed anything. Beyond that, even if it could possibly happen, you ask who is going to testify for you? Your evidence - an exact copy of everything you sent, signed and dated, a receipt from your package being sent with a guaranteed arrival tracking number, and cashed checks from USCIS.
    I believe you put far too much confidence in a lawyer saving your bacon should it all hit the fan. Even with a hired lawyer, the owness for your petition is on you. Neither they nor the judge is going to be concerned with who your lawyer is or the fact it was, according to you, "his fault".
  18. Like
    KayDeeCee got a reaction from Harpa Timsah in I-94 QuestionI have just seen a sample of the I-94, Question # 8 : country where you live does it mean where i have been living before i come to the   
    You will put down whatever address you will going to stay at when you arrive. It does not matter what address you previously entered on forms. You need to put the address you will be living at after you arrive in the US.
    It asks for the country where you live. If you lived in the UK, then put that.
    I think you are over-thinking and over-analyzing the form.
  19. Like
    KayDeeCee reacted to Inky in just arrived here in USA   
    Nope - you do not have to send it before the 90 days are up. The only requirement is to get married within the 90 days of entry to the US.
  20. Like
    KayDeeCee reacted to VanessaTony in To AP or not AP   
    You don't do a separate sheet. It's not required if applying for AP with AOS as the process of AOS is what makes you eligible (which it says in the instructions but admittedly isn't very clear).
  21. Like
    KayDeeCee got a reaction from Matt & Bing in I-134 important question   
    Yes, I am also curious as to how you claim them as dependents on your taxes if they do not live with you? I thought in order to claim someone as a dependent that they had to live with you at least 6 months out of the year, and you had to provide more than half of their living expenses.
  22. Like
    KayDeeCee got a reaction from VanessaTony in what to submit with 1-765?   
    This guide from Vanessa&Tony breaks it down and lists everything needed for each form: http://www.visajourney.com/forums/topic/235331-aos-ead-ap-from-k1-the-aussie-way-doc-list-included/
  23. Like
    KayDeeCee got a reaction from VanessaTony in AOS paper work   
    You do not need definite plans to get the AP. You can just put 'date to be determined' and 'unknown' as answers there in part 3. Then you skip to part 7, and mark that you want multiple trips. No need to write a statement of explanation letter for a K-1 applying for AP either. Simple and short form to fill out really, and the fee is waived, so why not add it? Good to have in case of an emergency or something.
  24. Like
    KayDeeCee got a reaction from VanessaTony in Possible reason for RFI?   
    I do not know the reason for your RFE, just that you got one and should send them back what they want.
    However, yes, you filled out the form incorrectly. #10 should have been 1, which is you, the immigrant, and #21 a. should have a 1 as well. See the example form: http://www.visajourney.com/examples/INS-Form-I-864.pdf
  25. Like
    KayDeeCee got a reaction from Moomin in NO NOA2 to send with AOS!   
    Make an infopass appointment about the missing NOA2. Show them the K-1 visa in your passport. They should be able to print you out something to show the 129F was approved. You could also include a copy of the letter you got from NVC showing the 129F was approved and being forwarded to the consulate. See this post: http://www.visajourney.com/forums/topic/323385-filing-for-aos-with-lost-noa2/
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