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Maleman

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Posts posted by Maleman

  1. Hopefully, I am not confusing the process and/or questions here, but in our case, and please know that my wife filed her N400 online, she received the following update status showing she had been approved the day after her interview.  However, it states that the estimated wait times for “Ceremony Oath” is 3 months.  The verbiage was, “We approved your application! We will mail your letter when we schedule your naturalization ceremony.”   So, in summary, check your states online and check to see if you show approved or not.  If it shows you have been approved you might just be waiting for them to schedule your ceremony.  If you are not near a major city it could take up to 3 months to find a ceremony near you.

  2. Since we did previously pay 6 months for travel insurance, this is an issue, but my main objective was not to lose my mother-in-law’s 10 year multiple visa. Additionally, I do not want to jeopardize her ability to leave the US if we do not hear back from the requested extension. It seems very clear what the attorney stated. However, I cannot not find proof of this reasoning anywhere on the USCIS WEB site. In summary, no verification that you could lose your B2 visa if you file for an extension, or otherwise, you will not lose your B2 10 year visa. Thank so very much for your reply!

  3. Thank you so very much for your reply. I found the following information offered by an immigration attorney via his WEB site that relates to this situation. However again, it seems like a chance to extend in losing your 10 year multiple entry visa. The article is in imbedded with quotes.

    "On March 3, 2000, USCIS Headquarters in Washington, D.C., released a Memorandum allowing visitors with pending extension requests to leave the U.S. without jeopardizing their existing visas, provided certain requirements are met. Thus, many visitors who are finding themselves "stuck" in the U.S. waiting for a decision on their extension, may leave the U.S., before USCIS' decision.

    By way of background in 1996, the U.S. Congress passed a law, Section 222(g), which stated, in essence, that if an alien entered the U.S. on a non-immigrant visa (i.e. visitor's visa) and remained in the U.S. beyond the period of his authorized stay (the time listed on the I-94 by the USCIS Officer at the airport), his existing visa would be void, and he would no longer be able to use that visa to enter the U.S., even if it was a ten year/ multiple. Instead, he would be required to return to his home country, to apply for a new visa, so he could enter the U.S. again.

    In a Memorandum dated January 14, 1999, the USCIS stated that as long as a person filed for an extension of stay before his original period of authorized stay expired, the person would be considered to be "in status", even if the extension was approved after the date on his I-94. However, that same January 14, 1999 Memorandum stated that if the person thereafter left the U.S. before a decision on his extension request, then his existing non-immigrant visa could be voided or canceled by USCIS.

    Those who filed for extensions before their I-94 expired, found themselves in a situation where they were required to wait in the U.S. until USCIS made a decision on their extension request, especially where it was taking USCIS almost eight months to process the extension request.

    The USCIS Memorandum of March 3, 2000, helps relieve this problem by amending the January 14, 1999 Memorandum. Under this recent Memorandum, people may leave the U.S. before a decision is made on their extension request, without jeopardizing their existing visitor's visa.

    The new USCIS Memorandum provides in relevant part as follows:

    1. The USCIS has determined that a person would be considered "in status" or in a "period of stay authorized" by USCIS during the "entire period during which a timely filed, non frivolous application [for extension of status] has been pending with the Service, provided that the alien has not engaged in any unauthorized employment" in the U.S. during his "visit".

    2. The extension of status must have been "timely filed", meaning that it was filed before the expiration date on a person's I-94.

    3. A person may prove (or establish) that his application for extension of status was timely filed by submitting on their next trip back to the U.S. a copy of his filing receipt for the extension, a canceled check payable to the USCIS for the extension of status, or other credible evidence that the request for extension was filed before the expiration date of the I-94.

    4. The application for extension of status must be Çnon frivolous', meaning that the application "must have an arguable basis in law or fact and must not have been for an improper purpose". This means you need a good and valid reason for the extension request.

    5. The alien must not have worked without USCIS authorization before the application for extension of status was filed or while it was pending. USCIS can take a "sworn statement" from the alien on the alien's next trip back to the U.S. concerning unauthorized employment. Further, aliens who make misrepresentations (or lie) about unauthorized employment could be subject to a finding of fraud by USCIS based on the Çwillful misrepresentation of a material fact'. Therefore, do not work during your visits!

    6. If the above requirements have been met (i.e. filing for an extension before your I-94 expires, and not working while on a visitor's visa), then if a person leaves the U.S. after their I-94 expires and before a decision the application has been issued, "they are NOT subject to Section 222(g)..."

    Accordingly, if you were one of those visitor's who filed an extension request before your I- 94 expires, but have been forced to wait for a decision, this new USCIS Memo may finally allow you to leave. If you have any questions about whether you have satisfied the requirements of this USCIS Memo, I would strongly suggest that you seek the advice of a reputable attorney, who can analyze your situation, to make sure that it is "safe" for you to leave the U.S."

  4. My mother-in-law recently received her B2, 10 year multiple entry visa. She is currently in the states now, having had been allowed 180 day stay. I have studied many messages on the site and seem to get conflicting information regarding an extension of her 180 day stay. So, here are my questions and thoughts:

    * If she files for an extension will it automatically terminate her B2 “M” Ten Year Multiple Entry Visa?

    * I have also read blogs that indicate only an extreme emergency situation has to exist to extend, and then I have spoken with others that just simply requested the extension by merely requesting more time. Any inputs here would be appreciated.

    Like most immigration practices here there does not seem to be a steady fixed rule or standard to follow or comprehend. It would seem that each person’s case could be evaluated differently, from CBP to CBP officer. My main concern and practice will be to ensure that my Mother-in-law follows all Federal Regulations and laws pertaining to the B2 requirements, and, all migration polices to the fullest extent. Thanking all of you in advance for volunteering your input and experience.

  5. Well, first for the great news! After my Mother-in-law’s first B2 denial, the second time was a charm, and, laced with a sweet approval. Unfortunately, my Mother-in-law speaks virtually no English. Thus, we are not sure of what the interpreter at the Philippines consult office said to her about the amount of time she could stay in the states on her first visit. As best we can assess, she was told she would be able to stay up to 5 months. So here goes the question: outside of us waiting for her visa, how can we be affirmed of her time allowed in the states? Will the Philippine - American embassy send her a letter outlining the specific timeframe that they will allow on her first trip? To all thanks for any input you submit!

  6. My Mother-in-law was denied a B1 Tourist Visa back in December of this past year. Her reasons for denial fail under section 214(b), which of course is just a template letter. The letter never gives even a generic indication as to why you were denied. My mother-in-law is a widow. The only financial support she gets is what my wife and I send her. My mother-in-law is the most honest and creditable person I know in the world. However, the CO cannot attempt to derive facts from being honest and creditable. So, no doubt there are hundreds of stories out there match our set of circumstances. Some of which we know personally, have successfully received a B1 Visa! In every case that we know of they just asked a couple of questions, never looked at their documentation, and just stated you are approved. So, knowing these facts how do we eventually convenience the USCIS/CO officer to allow my mother-in-law a B1 Visa? I really see this process as a chance factor versus fact finding mission. Any input would be greatly appreciated

  7. Sorry, it is doubtful that your MIL was not asked a single question....often when someone is refused, they retell the story of the interview in such a way as to cast a poor light on the CO...in real life, every applicant is asked questions....you weren't physically present at the interview.

    Second, for how long did they say they planned to stay? If one of them answered something like..'as long as you will let me', well, that's not good. If they said '6 months', while that time might jive with your MIL's situation, it is not likely to be credible for the SIL (assuming she any sort of meaningful employment)...also, if asked why they wished to visit, if there was a hint of providing child care, that would do it as well.

    And, as others have said, persistent visa abuse by those from the Philippines is what has caused this problem...not the CO, not our laws, but rather those who have chosen to put themselves above the law.

    There are many generalizations about gaining any type of Visa, non-immigration or immigration Visa from the Philippines. I have heard about it through our entire (K1 Visa) process, yet my wife is a 10 Year GC holder now. Several years back about 10 to 15 percent of those who applied for a B2 visa in the Philippines were granted a B2 visas. In 2012 about 80 percent who applied for B2 visa were granted. Big difference from years past! So, you think all of these have middle to high income jobs? No, but granted incomes have risen, but that's not the main stream reason. More quality marriages have taken place accounts for a greater logic. I'm not insinuating in any fashion that a CO would purposely or spitefully deny a Visa. What I am saying that due to the fact that they are so many participants versus only a few consulate officers, it's impossible to give all cases a proper amount of time. However, I have no reason to doubt my sister-in-law or my mother-in-law. These two persons are of a high caliber of integrity. Neither of them would have any reason to dilute the truth or lie. Like a lot of Grandmother's here in the US they do not have jobs, and are not middle income, and many are widows. If anyone ever meet my mother-in-law it would be a no brainer that she could not function in the US without help. And, you can be assured that my wife and I respect the immigration laws to the "T" in the past and will do so for the future. In summary, the two people that interviewed for a B2 visa that I speak about in this post are not made up statics. They are my family. I have no reservations as to what my sister-in-law has reported, the only option now is to discover why. I remain diligent in stating that my mother-in-law did not receive one question.

  8. Like some I have been around the “immigration” stuff for some time now. I agree with everything that was said within this post, by everyone that submitted input. We are aware of persons, more specifically, grandmothers that had almost an identical set of “ties” criterion that my mother-in-law had, yet, they were given a Visa. The facts that were pointed out within this post are particulars that most people submit as reasoning or read about every day on VJ or an embassy WEB site. I believe that there is a more definite set of logic, outside of the obvious things that are often spoken about, that only the CO’s are privy. The real problem is that once you are denied you will never receive a specific reason as to why you were rejected. Outside of the obvious facts, I believe it largely depends on day-to-to, CO-to-CO. Unfortunately, once you have been denied you will carry this “flag” for a long time if not for ever as it pertains to a B2 Visa. Thanks for all of your input and hopefully more persons will chime in on this post.

  9. With my wife and I having endured the K-1 Visa process, all the way to a 10 Year Green Card, you might think that the Visa Process would not surprise me. However, yesterday my Mother-in-law and Sister-in-law went to the Embassy for their B2 interview. Both of them were interviewed at the same time with the consultant officer. Each of them had a number of documents to be shown as evidence. Yet, during the interview my sister-in-law was asked three basic questions; reason you are visiting the US, who will pay for your expenditures, and where is your husband. My mother-in-law was not asked one question, and not once did the consult inquire as to any document either of them had in hand, with the exception of viewing their passports. It is not a prejudice opinion in any fashion when I say, that these two persons are some of the best exemplary examples of upstanding law abiding citizens that I have witnessed in a long time.

    First of all, I will never be convinced that someone could look at a form 160 and make an intelligent decision on a person’s “ties to their country.” And as it pertains to a B2 visa, it would seem that not much information is known about the evaluation making process. All I can say with all my experiences with the immigration process, I along with my wife, were totally stunned when we received the information that that my mother-in-law had been denied a chance to visit her new grandchild. I would greatly appreciate any insight that someone could share regarding this matter. I believe that it inconceivable that these family members received a proper evaluation for a B2 Visa at the Philippine US Embassy.

  10. I’m not sure I could add any facts to the details of your case, but I have always been amazed regarding immigration logic or lack of common sense. For example, let’s say you resided in California and getting ready to give birth to a brand new baby. And, your Mom lives in New York. There is no law on the books that states that your Mom cannot cross the state line and come and stay with you for six months or more. However, and I might add sadly, let’s face it mother’s around the world use the B2 tourist visa to visit their daughters. Are these mothers tourist by any means? Absolutely not! In most cases I will give USCIS credit for the majority of consultant officers at U.S. embassies across the world understand the connection of a Mother going to visit their daughter and new grandbaby. Most of the hardships that I have heard about directly are not in necessarily obtaining the B2 visa as much as dealing with the consultant officers at the POE. The consultant officer at the POE determines and approves how much time you will spend in the U.S. Again, in some very sad cases the consultant officer at the POE could deny your entry into the U.S., based on the answers to their questions.

    • Well stated “Mosstoss!” While processing our ROC, and, while waiting, I have read post/replies regarding evidence from many, many contributors on this site. Their inputs varied greatly, from an abundance of evidence to the bare minimum. And, no matter how hard you tried you could not make rhyme or reason as to what makes a perfect POC packet. My best advice is if you feel you come short in some areas as you have mentioned, and, you have honest reasons for these circumstances, document a letter to go into your ROC packet, and believe it or not, have it notarized along with any other documents you plan on notarizing. In summary of logic, there is not a perfect marriage template out there! (lol) Thus, even if you have to attend an interview just be prepared to be honest and explain all aspects, if asked.

  11. My wife and I have been anticipating a visit from my Mother-In-law for a very long time. The conflict is that my Mother-In-law discovered she had an additional name onher birth certificate that she was unaware that existed until she dug out the original. Therefore, over year ago we sent money to my Mother-In-law for an attorney to file for a name change. The paperwork was processed, and then the “Name” was advertised, and then all was cleared. As I understand it, a local municipality in her providence had to forward the processed paperwork, signed by a local judge, and then filed with the NSO. For several months now the she has been waiting for a call from the NSO stating that her paperwork had been finalized through the NSO, but no such call or notification has taken place. And for months now, a lady at the local municipality has been saying they should be here with a couple of days. Week after week, the lady at municipality has made promises that have not prevailed. Has anyone experienced such a situation? Does anyone have a recommendation on how to follow up directly with the NSO? We have tried calling the main number, but this number seems to be for those that have already been notified by the NSO. Any assistance with this matter will be greatly appreciated!

  12. My fiance has been retired from the Army since Oct 2010. Is there any chance that can help our process? We are July filers and asked our senator/congressman's assistance plus we also submit service request. So far, we still don't hear any good news from USCIS.

    I'm not aware that retired Military could receive special services from the USCIS. However, if you need evidence that he was in the Military you can submit their DD-214. Tell him thanks so much for having served our Nation. Maybe some other senior members will jump in on this post.

  13. [/size]

    Yes, the VJ timelines do seem optimistic, but it's not the fault of the VJ system, it's because both VSC and CSC seemed to just stop adjudicating these types of Visas for a few months. A month ago or so ago, VSC sent a lot of the casework to Nebraska and they began to speed up the approvals again. CSC just did this on Friday and it seems that they should now be speeding up a bit too. Funny thing is that if things get back to normal, this little hiccup in service will show up as longer timeline estimates and some time in the future others will be getting their visas faster than the estimated time.

    Congratulations on your approval and I wish you a smooth ride for the rest of your Visa Journey :)

    Submit your DD-214

    How would I let them know now that I am a retired Marine? Petition is at CSC since mid Oct.

    Ooooppssss, we are very happy for the both of you with your NOA2 approval. All the best with the medical and interview!

    Submit your DD-214

  14. As suggested, it’s a long, long shot, but applying for a B-2 visa might go through. Keep in mind you want to be honest about your K-1 Visa, if asked, but get a letter from your doctor indicating that you are pregnant and send to your fiancée. Now here’s a suggestion for the B-2 Visa. I’m assuming that your fiancée may or may not have the finances to apply for a B-2, if not, you could send your fiancée an I-134 ADOS. Along with whatever paperwork you send your fiancée to apply for a B-2 Visa, have your Federal Representative or Senator write you a personal letter requesting that they allow for this B-2 due to your circumstance. If the CO at hand does not think your fiancée is a risk, you might have a slight chance. There is no harm in trying.

  15. The I-751 instruction set regarding affidavits states nothing about having to be notarized. However, the affidavits that we used specified a place for the notary, thus, we had them notarized. I would speculate that that an attorney would tell you to have them notarized. Personally, I believe most CO's would give the affidavit more consideration if they were notarized. You may want to have another recommendation, but I believe the extra step will make a difference.

  16. You seemed to have already made up your mind before you posted this. There's no real harm in trying; the worst the consulate can say is "no."

    The I-134 isn't really looked at anymore, and I strongly doubt that the I-134 helped in the other case you mentioned. It just sounds like the consulate simply believed their story and the applicants had strong ties back home.

    Based on your description, the terms of visit are legitimate. My advice: have definitive depart and return dates, be sure your mother in law and sister in law have jobs that they won't be quitting, have some proof of the impending birth (don't overdo it though), describe relatives that your mother and sister in law have to go back to (e.g. Your father in law, brother/sister in law(s) etc), and don't lie. If you can do this, you'll have a chance. But the biggest factor is convincing the interviewing officer that the trip is legitimate and that she'll go back.

    Best of luck.

    You are right on target. One of my friends that sent an I-134 for his Mother-in-law, stated that his Mother-in-law said that the CO never even looked at the I-134, yet, approved the B-2. However, I will send one, along with a letter, just in case. Thanks for your input. Yes, my mind was already made up, it's my Mother-in-law, and, my wife's first baby. I have such great respect and fondness for my Mother-in-law! We will prevail sooner or later. (Smile)

  17. I tried to get my 2 sisters in law (both in their 30s) a B2 (also with me showing sponsorship) and it was denied last month at the interview. Be warned that after denial and doing some looking around the internet that 90% of B2 visas filed in Manilia are denied.

    With that said, your mother in law probebly has a good shot given the grandchild. sister in law is more of a long shot.

    Thank for the reply. One of the most common reasons a US visitor visa is denied is the applicant’s failure to prove that he or she has no intention of abandoning his or her foreign residence. While you never know, I feel based on my Mother-in-laws' ties, we will have a great chance. Not sure where you got your numbers for B-2 denials, but I got my information from this government link: http://www.travel.state.gov/pdf/FY12.pdf

    In 2012, the "ADJUSTED REFUSAL RATE for - B-VISAS" in the Philippines was 23.8%. It has been a bit higher in past years. For example, I found the 2010 numbers to have been 37.9 %. I speculate due to the higher influx of Filipino brides succeeding in marriage they are easing up on this country. Nonetheless, we will see how our case prevails. Thanks again for your input. Check out the link when you get a chance.

  18. To expound further on your copy of "Tax" returns versus transcripts. Regular printed out Tax returns can be modified and easily manipulated! If you send original Tax Transcripts, preferred by the USCIS, it verifies as to what you sent the IRS, and what you are promising is true and above board by federal law. And, it is most likely very easy for USCIS to validate the Tax Transcripts against what was reported directly to the IRS. In other words, it would probably be easier for them to follow-up and corroborate the matching of the documents, numbers, and filling status.

  19. No, you cannot apply for B-2 visas for them. You are not part of the B-2 process.

    Each B-2 applicant applies based on her own merits. Every applicant is presumed to have immigrant intent. She needs to show strong ties to her home country (i.e. a good job, real estate, close family, etc.) that shows the person is likely to return home after a brief visit to the US rather than abuse the B-2 visa to illegally immigrate to the US.

    No one can vouch for the applicants. While your intentions are good, they are meaningless in the process since you are not a part if it. Your financials are meaningless. Your guarantees that they will return home are meaningless. They must pass through the process on their own merits.

    Visiting is permitted on a B-2 visa. Providing child care is not. While the home life distinction is meaningless to you and I, it is not to the US Embassy. Child care is considered work and work is not permitted on a B-2. ONLY state their purpose is to visit. DO NOT say anything about helping with the house, baby, or mother.

    Diamond Member, wow, I had to read your post a couple of times before I woke up. In one section you are correct, and took me a few seconds to catch the assertion. To quote you, " Visiting is permitted on a B-2 visa. Providing child care is not." Our intent and purpose is not to have my Mother-in-law come over to provide Child Care. One of our aspirations is desiring to give my Mother-in-law a chance to witness the birth of her grandson, first child delivered by her only daughter is on the agenda. Then spending some time with her grandson, and then traveling to various places, for sightseeing purposes for my Mother-in-law, when my wife is able to travel.

    On a second note, you can send to the B-2 Visa traveler, an I-134, Affidavit of Support filed out and signed by (Me) the US citizen, that you will support all means of travel and boarding while in the US for the B-2 participant. In my case, I'm her son-in-law. In turn, my mother-in-law will go to the B-2 interview, and she will bring her B-2 appointment letter and my I-134, Affidavit of Support. I have a friend that has held an EAD card for over seven years, and did this for his Mother-in-law. Additionally, we have two other friends that we spend time with, and like with our case, they have one US Citizen spouse that filed an I-134, Affidavit of Support for his mother-in-law. In fact, same scenario as mine, the friend I mentioned got a (10) year B-2 Visa right off the bat for his Mother-in-law, and she lives in the same country as my Mother-in-law.

    Nonetheless, I get your gist when you state, "While the home life distinction is meaningless to you and I, it is not to the US Embassy." And, this is a very sad reality! One which I have become more aware as we proceed through this immigration journey with my wife. Thank you for your post, and please continue to correct any action that I have stated thus far.

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