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Adeelwali

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Posts posted by Adeelwali

  1. Do anyone now what does this "(or has a substantial interest in the entity which filed the petition)" exactly means ?

    This line refres to the joint sponsor. incase sponsor doesnot fulfil poverty guideline requirement then joint sponsor should be a intrested party to the person who file the orignal petetion. For example in ur case sponsor is ur fiancee but her joint sponsor should be her father or brother or sister or mother or any one related to her. joint sponsor should not be the person who has no intrest with sponsor for example her neighbor her office couleage cant be joint sponsors.

  2. Look at this link of fareign affair manual: http://www.state.gov/documents/organization/86988.pdf

    9 FAM 40.41 N5.2 Defining "Sponsor"

    (CT:VISA-1126; 12-03-2008)

    a. To qualify as a sponsor, an individual must be a natural person (not a corporation or other business entity) who:

    (1) Is a citizen, national, or lawful permanent resident (LPR) of the United States (including conditional residents);

    (2) Is at least 18 years of age;

    (3) Filed the petition which forms the basis for the visa application (or has a substantial interest in the entity which filed the petition); and

    (4) Is domiciled in any of the 50 States of the United States, the District of Columbia, or any territory or possession of the United States. (See 9 FAM 40.41 N6.)

    b. If the relative petitioner does not meet the qualifying criteria to be a sponsor (for example, by being under 18 years of age or not domiciled in the United States), the visa applicant must be found ineligible for a visa under INA 212(a)(4) until such circumstance no longer exists.

    Ur visa is denied under this section i have been on hold under this section as well.

  3. "It was told to us by an attorny in NY that there will be no issue in the process, and he managed all the documentation.

    In my case CO was not very nice and she was really angry ....."

    Attorneys are seriously useless i did my whole process myself with the help of internet attorneys just want to make money. Anyways at the time of interview there is a file that contains ur full record it is pre decided what to do at the interview date CO just endorse it its beyond their limit to change pre decided cases. they just cross check evrything written in file is correct and looks fine. Can u imagine an applicant visa for USA to be decided in 15 or 20 mints of interview at embassy this seems a joke. So what i am trying to say is that when u went for ur interview the CO must have seen bullet points already recorded in ur file and that would have made him or her angry. Nothing to worry they just sent back the file to USCIS with intent to revoke petetion of the basis of 212 section. Ur fiancee will recieve NOIR Notice of intent to revoke with in next 6 months and if u dont receive it ur petetion will stand expire.

    Secondly u asked "One thing that is confusing is that if they dont accept under 18 for K1 why they allow under 18 for K3 or CR-1..... "

    let me clarify u that since u are coming USA and intent to marry ur fiancee in USA therfore USA rules of marriage will apply to ur visa as u are marrying in USA but in CR-1 visa u would be filling as husband of US citizen and marriage would have been taken place in pakistan so pakistan rule of marriage will apply to visa. As per pakistan rules a marriage is legal after 16 years of age for girls. So u can marry her and file for visa but remeber in that case as well u have to file I-864 affidavit of support and sponsor has to 18 for that affidavit but an attorney can go to court and take special permession from court to issue orders to emabssy to issue visa with the permission of court. In that case ur fiancee has to go to court and submit a bond that her hsuband will nt become public charge aftre coming US. Thats the only way of getting a visa before she turns 18 but it involves many $$$$ so its upto u if u can afford it u can chose this way but i will recomend u to wait and refile K-1 when shes 8 monts short of her 18th birthday.

  4. Dear waqar

    i am pasting our private conversation here so that the whole VJ community can benefit from it.

    U have options but i dont know exactly what ur case is so if u can share a further detail i will surely help u out. My fiance was 17 years of age at the time of interview at embssy so they put my name in AP when our AP is finished she is 11 months short of her birthday so the cousellor officer put our case on HOLD for 11 months and when she turns 18 i emailed embassy and emabssy issued my visa with in a week of her 18th birthday. Every case is diffrent my cousellor officer is generous and it also depends on luck. many people were denied due to age limit but i know one other case was put on hold for the same reason.

    After reading ur story i can suggest that u file ur petetion in USCIS 8 months before of ur fiancee's birthday so that in 6 months USCIS can complete their preocess and age is not an issue at USCIS stage. So at the time of interview at embassy u fiancee will be 18 or very close to 18 and embassy will not decline ur visa at that time. U have another option tell ur fiancee to come to pakistan u both perform ur nikkah in pakistan and then u file for CR-1 or k-3 visa. I know a person who did this and he got his visa when his fiancee is 17.

  5. Still Confused??

    Should age be no less than 18??

    Let me explain u the legal age of filing of petetion for I-129F. This is a guranted 100% correct reply based on my experience i have also faced same issue for my visa as well. There is no legal age for filing of visa petetion remember it. If some one want to marry in US he or she must be legal age as per the age requirement of the state. some states allow 16 years marriage with parental consent and some states dont allow. 18 year is a free age for marriage in usa. However incase of visa processing every visa applicant has to file affidavit of support I-864 or I-134 under section 231-A of american citizenship act therefore at the time of interview of applicant at the embassy the petetioner should be 18 years of age other wise counsellor officer will refuse visa uder section 214 of american citizenship act. 18 years age is mandatory for a sponsor to fill up I-864 thats why the visa is declined. If you need any other information feel free to ask.

  6. Bro i already told u in a seperate msg that u dont need any cetified copy u just need a copy of orignal birth certificate which is issued in english. I have filed my AOS with a copy of NADRA birth certificate. Keep in mind that u sent orignal birth certificate to embassy before interview and they updated thier record with a scanned copy of your original birth certificate before ur visa interview. So at the time of filling of AOS a copy of birth certificate is sufficient.

  7. Congratulations!!!!!! Wonderful news to hear!!! Will update tracker when I get home

    Have a very blessed and happy life together !!

    And that's very interesting information that the case was just sitting there??? For almost a year?? Really? How did you find this out?

    Let me explain the process of AP in AP they 3 major things security clerance , public charge clause of INA and grounds of inadmissiblity.

    1. Security clerance: Cousular officer go thorough your file asses applicant age, education, address, current job, area of study and past record. If consular founds that the applicant is good enough counsular will do on CLASS check(Coulsular lookout and support system) to compklete security clearance with in 2 days. If counsular finds any red flas counsular can request SAO(Security advisory opinion) from washington FBI. 3 categories for SAO for pakistanis 1. visa mantis 2.visa condor 3. visa donkey. When they complete SAO they will reply back to embassy then visa can be issued. In my case i was only screened for CLASS as i am a chartered accountant working in Pricewaterhouse Coopers since 6 years field of study accounting, tax and legal advice. Its pure wish of sounsular to perform CLASS check or request SAO after CLASS check for my case counsular only did class check so my name clered in 2 days thats 100% guaranted information.

    2.PUBLIC CHARGE:For pucblic charge they request I-864 or I-134 affidavit of support to asses applicant will become public charge or not.

    3. Other gorunds of inadmisiblity: Health, crimninal record and bonafide relation may be a ground for denial but waivers are availaible for immigrants on these grounds of inadmisiblity.

    Since i have clerared all these steps in AP so i was clered very fast from AP in june 2011 but due to some problem case was on hold dont worry u will never face case on hold. God bless u all and have a nice journey remeber me in ur prayers.

  8. Allhamdulilah I got my visa packet today and ticket confirmed for July 5, 2012. I want to clear 1 thing i interviewed at embassy May 16, 2011 June 18, 2011 i was informed by the embassy that the case is on hold. Name check clered in 2 days at that time. Case resumed June 5, 2012 name check done again and cleared in 2 days visa issued June 13, 2012. From June 19, 2011 to June 5, 2012 case has been on hold. Best of luck to all of those who are waiting for their visas plz pray for eabbas specially. Thanks to all VJ'ers.

  9. Fiancee called DOS on friday rep said congratz ur visa issued called again 2nd time then rep said AP called again 3rd time then rep said visa has been issued on June 13th and some representative dont look at K-1 visa screen so 2nd representative may have said AP in misunderstanding. Today june 18 still no call from Amex any idea ???????? Is DOS reliable or not i am in a dilema.

  10. Hello All,

    My wife got her K-1 visa in March 2012, and came in May 2012 , where we got married.

    This I-693 form is kind of confusing, and I am lost here.

    My wife states that she did had her medical examination (blood test, chest xray etc etc) prior to her visa interview in Pakistan, but the medical office never gave her any report for her records and just handed sealed envelope that she took it to the embassy for her interview).

    Now, my question is - what part of I-693 is required to be filled by the civil surgeon. She does not have a vaccination record (DS 3025), but we are willing to pay $$$ for the vacinations here. As per the instructions for I-693, a K visa holder only needs to submit part 1 and the vaccination report filled by the civil surgeon. If we are only to do the vaccinations, will USCIS require proof or documentation asking for her overseas medical examination (becuase we dont have it)...

    And secondly, does part 1 and vaccination form need to be sealed , or does that only apply to a full medical examination....

    I will sincerely appreciate if any of you could advise....

    Regards,

    Ali

    If u had ur medical done from agha khan hospital they keep the record of DS3025 and hand over 1 photocopy to applicant as well the orignal copy is sent with the sealed which you have submitted in embassy. If by chance you have not been given DS 3025 then ask them for a copy. If u not had ur medical from agha khan then in that case DS3025 must have been provided by the hospital in that sealed envelop which u have forwarded to embassy which means u can still file AOS without medical form becoz the original DS3025 is within that sealed envelop for USCIS. Now lets assume that u dnt have anything to show ur medical record to USCIS. A k-1 visa applicant is exempted from I-693 ONLY and ONLY if DS3025 has been marked as COMPLETE by the panel physician. I get my 1 shot from agha khan and my DS 3025 is marked as complete i also had 1 copy which i will forward to USICS at the time of AOS. In ur case if u dnt have a copy and neither ur vaccination history is complete i would recommend you to take necessary shots from the panel physician where ur live. Go with ur medical history record otherwise they will give u all vaccines. U have two options take risk file AOS if they need medical record they will give u RFE second option get ur medical done again where u live and file AOS.

  11. Hello everyone I had my interview today as per CO everything is in order and seems like we don't need anything so she handed over me a green slip. Then I asked am I approved and she replied she can't tell but she needs some office work just tell your petitioner your interview went well and kept my passport, Any idea what it could be after waiting long 11 months still can't tell.

    Dont worry man i have been interviewed 0n May 16, 2011 and i really doubt u are also interviewed by the same lady counselor who interviewed me. She told me my case is complete and fine then handed over me a green sheet and kept my passport seems u and me on a same boat. Dont worry inshAllah we will get our passport back soon with the visa. Keep praying now its just a wait game and we need to be patient but keep praying and stay connected with DOS for AP update. I can assure u r approved but its just security clearance which is pending.

  12. From reading other cases like this the things that seem very positive is that she kept your passport, she said things are fine but we have to do AP...and she gave you a pink token for collection of your passport... Did you ask if you were approved? I'm sure its the typical AP process that most everyone goes thru in Islamabad. We have an interview June 15th and expect pretty much the same thing.

    Hope you know soon!!

    I was not expecting an AP as i am a chartered accountant working in Pricewaterhouse coopers since 5.5 years which is U.S no 1 audit firm. I thought i am educated and sound professional backgroud so they will not put me to AP but unfortunately things happened the other way. My interview went very gud at the end CO told me that i need to wait for 3 months i am so shocked that i havent asked am i approved or not but she just said ur case seems fine and complete and we will contact u in 3 motnhs if u dont hear anythng write us after 3 months. Best of luck for ur interview :thumbs:

  13. I am the first immigrant interviewed on May 16 a lady took my medical and keep my passport and given me a pink token for collection of passport from amex. Then CO interviewed me and said your case is fine and complete but we will contact u in 3 to 6 months and given me a green sheet. I asked r u putting me in AP she said yes. I am very disappointed i dont know am i approved or denied or what else my fiancee and my family is very upset whenever we call dos they just say ur case is fine but u r in ap. am i approved or not i dont know if u can guide i will be thankfull

  14. I need help i went to hospital on may 2 for my medical they took blood sample and x ray but Dr is preoccupied so they said the report will be reviewed by Dr on may 6. Medical staff said that they will give the report if everythng found fine i am a little upset as the interview date is very close i am running out of time. What kind of tests are performed and how much time it take to issue final report, ur commments plzzz

  15. Thanks everyone!

    I got the text message yesterday saying that they're delivering my passport today! Outstanding! Was supposed to take 7-10 business days and took only 3. Am so happy.

    Best to you all! Glad to be a part of this group and your support has been tremendous.

    Congrtaz to u buddy best of luck for final jopurney to U.S

    wow, it is moving so fast for everyone! congrats! :dance:

    Carine best of luck to u to hopefully u will get interview packet soon.

    My medical is on monday May 2, 2011. Any recommendation or suggestion from those who have cleared their medical will be appreciated :)

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