max+patricia

I did not judge you, I told you how it is. You committed immigration fraud. Doesn't matter what officials told you (in fact many CBP officers tell people to do this #######. Some lawyers tell their clients to do it, doesn't make it legal, they're just telling you about loopholes). This is all that happened to you. Whoever told you what you did was legal lied to you. I wouldn't go around admitting you committed immigration fraud to the USCIS officials because you WILL be denied. Doesn't matter who told you what. Entering with intent (and if they have proof of the intent such as your statement) results in denial.
If you didn't enter with intent it's all moot of course, but your OP made it sounds like you committed fraud which WILL result in your denial if you admit it to USCIS (or they're able to find proof of it). Out of interest, some USCIS/ICE officials have been said to look on these boards. Some people report going to interviews and being ID'd as their VJ screen name. Just a heads up!

His repeat offenses trying to cross illegally will make it impossible for him to ever come to the US. He did that on his own, and is comtemplating it again. Not smart.

queues abound - please remember that.
as to the email you've received, it's a false checklist letter.
you can tell it's false, really, because it's asking for all
and you've already sent the thing it's referenced.
a real checklist letter contains specific information, a smaller list of what they want.
a complete list, otoh, is a good sign this is a false checklist.
many get them.
Why, you ask?
Cause of them there queues. Sometimes it seems that the left hand (the mailroom) doesn't know what the right hand (the reviewers) are doing, and in the middle, is a dysfunctional computer system that was never programmmed to 'go fast' or even handle the numerous EP cases with the change in process for EP.

best. thread. ever.

The service center made a mistake,the consulate caught it and CORRECTED it.
Meeting in person BEFORE filing the I-129f is a REQUIREMENT of the K-1 visa. If someone at the service center makes a mistake it is STILL a REQUIREMENT. Any benefits gained without meeting the requirements will be denied and revoked at any time it is discovered. You do not "get away" with it.
It would have been caught at some point as each step reviews the entire process. Especially citizenship and especially if the citizenship is gained in just 3 years because you are married to a US citizen. That was by far the most scrutinized procedure in our process.
Your friend(s) need to MEET in person and file a new petition and start over. They thought they "got away with it" but the fact is they never would have and it is better that it is corrected now than after she is here, married and maybe they have children or establish a life, a career and then find herself in deportation hearings.
Such could also be considered FRAUD and incur a lifetime ban because they knowingly filed a petition when they were not eligible for AND would have accepted benefits. Believe me, they would find a way to make this "your fault". I mean, how did they answer question 18? I am going to surmise they did not say "We have not met in person" and even if they did they are required to provide evidence of that.
DO NOT ATTEMPT TO SKIP STEPS AND REQUIREMENTS!

The OP is asking about a K-1 case.
If you know of any K-1 cases where the USCIS denied/RFE'd them because they lacked proof of an ongoing/bona fide relationship, would you kindly provide a link.

You can use whatever name you want, but your visa will be issued with the name in your passport.

If that were the case, then why would the USA be considering issuing you a visa based on you being married to a USC?

I've read your posts.
First, you want your fiancee to have an abortion though she's 6 months pregnant. You ask if this is possible, since you want nothing to do with the child.
Then you want the child.
Now you want to put incorrect information on a birth certificate and claim it's an accident.
I know enough to know you're not going about this the proper way.

This is the gist.
You are not the father. Done.
If you fraudulently list yourself as the father and submit a birth certifizate that you know contains false information, then you are committing immigration fraud.

I think you need to consult with a good attorney. If he was given voluntary departure the first time he left then he would have not been considered "deported". However, because he had more than one year of unlawful presence he would have incurred an automatic 10 year ban when he left. When he re-entered illegally and was caught he was formally deported. Since that was his first deportation he got a five year ban, but that doesn't wave the 10 year ban he would have already had.
You may not need an I-212 waiver if his five year deportation ban has run it's course by the time he goes to the consular interview, but I think you'll still need an I-601 waiver for the unlawful presence ban. Again, you need a lawyer.

It's confusing because it's an issue for some and not an issue for others. The only "co-mingling" of anything my wife and I had was her as the beneficiary on my life insurance and her name on my car insurance (even though she never drove in the US). We were approved in faster-than-average time - no RFE.
Think about all of the other evidence you have detailing your relationship - and if you have little to no "evidence of bonafide relationship" then yes, send everything you can. If you have an adequate amount, don't stress it. Keep in mind that showing "co-mingling of finances" is not a requirement for anything. It is VERY typical of couples petitioning for a CR-1/IR-1 to NOT have much documentation like this considering most are newly married and live in different countries. USCIS/NVC/USEM knows this.
Showing that you have provided long-term financial support for your spouse is a non-issue, especially at this stage. Showing your ability to provide long-term financial support is VERY important at the NVC and interview stage.
Good luck

yup.
VISA dates not matter for departure , to be 'in status'
what matters is the I-94 date span, and the I-94 expiration date of the CURRENT I-94.
Good Luck ! See? One less thing to worry about, la .
To celebrate, please prepare/cook 300 rabbit jiaozi this weekend, give to a men's homeless shelter...

Spouse visa is a much better choice. Don't regret your path.

Hi ! Welcome to Visa Journey !
When one logs in from a pc or laptop, one can have a totally different 'viewing' experience.
One of those wonderful things to see, is the clicky link to view a member's profile.
Once there, click on 'Find my Content' then change the selector to 'View all posts by <<username>>'
IMO, if you had done that one simple operation - you would have had the opportunity for more reading. With more reading (again, IMO) you'll get a focused view of her backstory and prior posts.
Welcome to Visa Journey !

I just read back through all of your many threads on this topic, and all I saw was people being unfailingly helpful in trying to point out potential issues that may arise with the evidence you are planning to present in support of your case. I'm guessing this latest tirade from you is probably going to quash that helpfulness pretty effectively, though. Maybe it's time to take a breather from Teh Internetz if you're getting this worked up about what total strangers say to you in an online forum?
Remember, though: no matter how well or how badly you do at convincing people on VJ of whatever you are trying to prove, it won't make a whit of difference in your immigration process what people at VJ think.
All that matters is the evidence. No, it doesn't feel good to live your life being constantly aware of the necessity of creating evidence along the way for future immigration processes, but it's part of the reality of being in an international relationship, and most of us are used to it by now (or getting there).

I never questioned whether or not your marriage was real....ever...i gave you suggestions as to what evidence to bring to the interview and you became defensive. I was trying to help and it fell on deaf ears. You asked for advice. And most of the others were not questioning your marriage, they were trying to help as well. You now have a SS number and it is very easy at this point to be added to your husbands bank accounts.Adding you to his accounts does not give you bad credit. Please don;t go to your interview with the attitude that you deserve a visa, because it is on you to prove to the USCIS that you have an ongoing relationship, merely having a baby does not prove this. Take pictures now, you have time before the interview, it takes an hour at Walmart to have pictures developed. Gather all the evidence you can, it really is in your best interest. Lashing out at the people who are trying to help doesn;t do anyone any good. I wish you the best and good luck.

For as many people who bring people over to the US with not so perfect intentions, there are just as many who get into a relationship with not so perfect intentions and are looking for a way into the country. Then there are some people who are legitimately ready and willing to get married, and in those 90 days, things don't work out. Better to find that out BEFORE the marriage than after.
It's really so easy to judge relationships when we only hear one side of the story here on VJ, but remember, there's always another person involved who likely wouldn't be telling the same story you've heard.

Upon suggestion of a VJ member (thanks foobaz123), I have decided to create a FAQ of the most common questions I see here on VJ concerning the NVC process. If you know of a common question that isn't mentioned here, please inform me through a reply in this thread or PM me. I'd be more than happy to include it here.


FAQ


How long does it take to get a case number assigned after NOA2?
As of recently, it's been taking 4+ weeks. Check my spreadsheet (linked in post 1) to see where NVC is currently assigning case numbers.
When (and how often) should I start calling NVC about the case number?
Wait at least a week or two from your NOA2 date, then start calling. And call every single day afterwards until you get it.
What happens if my case doesn't arrive in a timely manner? (Timely manner being the current wait time)
VJ member tokinaija suggests: "Call USCIS, and specifically request to be connected to a Tier 2 supervisor (bypassing the contract customer reps). When connected to a Tier 2 representative, request that you want confirmation that your approved case has been physically shipped to NVC. In amenable words, request for the specific date that the package was shipped. If you are lucky, you will get someone who wold take the time to confirm this for you."
Will I receive XXXX (initial information package, invoices, instructions, interview letter, etc) by email or snail mail?
As long as you give over the email addresses of both the petitioner and beneficiary (once you have a case number), ALL correspondence from NVC will be sent through email.
What do I do after my case number is assigned?
Get the IIN from an operator (ask for the 'Invoice Identification Number', not IIN). Give over the email addresses of the beneficiary and petitioner. Email the DS-3032 (from the beneficiary's email address) following the template linked above.
When can I email the DS-3032?
Right after you get your case number. There's a chance it could get rejected (because they got to your email before they're ready to take documents), but if that's the case, just re-send it. On the flip side, there's also a chance it could get accepted and you wouldn't have wasted any time.
Note: if you have a lawyer, they're already designated as agent due to the G-28 included in the I-130 package, so no need to send the DS-3032, unless you fire your lawyer.
Note: if doing online forms (check link above for eligibility), then fill out the DS-261 found online at the above link. Do NOT send the DS-3032.
I got an email from NVC that contains a bar-coded DS-3032 (along with other information). Do I re-send the DS-3032?
NO. Do NOT email another DS-3032. NVC automatically generates these emails and do not care if you've already sent in a DS-3032 or not; they include a DS-3032 anyways. Only if NVC responds to your first DS-3032 with a rejection do you send another one.
After the case number is assigned, how long does it take for the AOS bill to be invoiced?
Usually just a few days.
How much are the two bills? And how do I pay them?
The AOS costs $88 (per case) and the IV is $230 (per person). They have to be paid with a US banking account on the payment portal (site linked in first post). See information here: http://travel.state..../info_3906.html If you can't or don't want to pay online, here's a link to how to pay through the mail: http://travel.state..../info_3905.html .
Help! I can't sign into the payment portal. Why?
If you're getting an error message ("Please be advised that the case that you have attempted to access is not eligible for further processing by the National Visa Center at this time…" or "This case is in the process of termination. Fee payments and online forms can no longer be accepted…" or "You cannot make online payments for your case at this time. Please contact the NVC if you have questions or need further information."), do NOT panic. This is actually good news! If you just got your case number, then this message means NVC is inputting your case in their system. If you get this message a few days after case number generation, then it's a good possibility that NVC is invoicing your AOS bill. And if this message appears a few days after DS-3032 acceptance, then there's a good chance the IV bill is being invoiced. And finally, if this message is appearing a few days or more after NVC received your packages, this is a good indication of case complete at NVC!
What is needed in the AOS package?
Generally, the following is needed:
With no joint sponsors:
- Bar-coded cover sheet from payment portal
- Cover letter (optional)
- Completed, signed, and dated I-864 form by petitioner
- Tax information* of petitioner (either just the last year OR the last 3 years)
- Employment letter of petitioner (optional, but good proof of CURRENT income)
- Pay stub(s) of petitioner (optional, but good proof of CURRENT income)
With joint sponsors:
- All of the above of the petitioner
- Completed, signed, and dated I-864 of joint sponsor
- Tax information* of joint sponsor (either just the last year OR the last 3 years)
- Proof of US citizenship/residency of joint sponsor (ex: copy of US passport, US birth certificate, US naturalization certificate, or front & back of green card)
- Employment letter of joint sponsor (optional, but good proof of CURRENT income)
- Pay stub(s) of joint sponsor (optional, but good proof of CURRENT income)
If the joint sponsor is a household/family member, also include proof of that relationship (example: if a parent is a joint sponsor, include the petitioner's birth certificate with parents' name on it to show link).
*You have two choices here of what to send in:
- Tax return transcripts ordered from IRS (preferred by NVC and of most consulates/embassies) RECOMMENDED
OR
- Tax returns (1040) and W2s and any other schedules (if applicable)
What if I (the petitioner) live with my spouse in their foreign country? Do I need to include anything in either package?
You'll need to provide proof of US domicile with the AOS package, as well as bring it with you to the interview. Please read the I-864 instructions (pages 5 and 6) for information about it. This is NOT needed if the petitioner is living in the US. Here is a sample cover letter to include in the package (it lists MANY possible documents, some may not be applicable of course, to prove that you have, or will re-establish, domicile in the US):
NAME
SOCIAL SECURITY NUMBER
FORM I-1864
No. 15 Country of Domicile
I, XXXX, am currently residing in FOREIGN COUNTRY with my spouse, SPOUSE'S NAME. Below you will find a list of attached documents to show that my principle residence is in the US and the steps that I have taken to return to the US with my family.
Steps I have taken to maintain US Domicile:
• Maintained my XXXX voter registration
• Maintained my XXXX credit card registered in the US with a US PO box
• Maintained my bank account at the XXXX Credit Union
• Maintained my bank account at XXXX Bank
• Maintained my XXXX drivers license
• Maintained my US retirement fund through XXXX
• Maintained my US investment account with XXXX
• Maintained my US PO box
• Maintained licensure by the XXXX
• Maintained membership in the XXXX
• Maintained my automobile in care of my parents
Supporting Documents for the above steps I have taken:
• Voter registration card showing permanent US address
• XXXX credit card statement showing US billing address
• XXXX Credit Union statement showing permanent US address
• XXXX Bank statement showing permanent US address
• XXXX drivers license showing permanent US address
• Retirement fund statement showing permanent US address
• Mutual fund statement showing permanent US address
• XXXX license currently up to date
• Renewal of XXXX membership
• County tax bill showing I still own a vehicle
Steps I have taken to return to the US to take up residence:
• Made arrangements for us to have a house to live in
• Contacted schools for requirements of things to bring to register my children in school
• Contacted my auto insurance company to find out about re-instating my insurance on my car
• Contacted shipping company for estimate of costs to ship belongings
Supporting documents for the above steps I have taken:
• Lease agreement for our house
• Email from schools regarding registration requirements
• Email from my former auto insurance company regarding my inquiry
• Email from XXXX with estimate and correspondence regarding shipping our belongings
I declare that I intend in good faith to re-establish my domicile in the United States no later than the date of spouse's admission into the US.
I certify under penalty of perjury under the laws of the United States that the statements in this letter and all accompanying evidence are true and correct.
Signature: ____________________________________________________ Date: ______________________
NAME
Thanks to VJ member lemayz for this suggestion!
I sent the AOS package but got a checklist for the IV package (which I either have sent or not sent yet) [or vice versa]. What's going on?
If you sent the packages separately, then get a checklist for the other one, just ignore it; it's a false checklist. The same applies if you sent just one of the packages and get a checklist for the other. Please understand that as soon as NVC reviews a package, they very frequently generate a checklist for the other package, without even checking if they have it in the building first. If you do get a checklist for one of the packages, you do NOT have to use that bar-coded cover sheet; you can still use the one from the payment portal.
The only time a checklist is real (and not false) is if it asks for something very specific missing in a package (like a police certificate, for example). If it asks for something general, like the entire package, then you can assume it's false. Call up an operator at NVC to confirm.
Thanks to VJ member sulhaq for this suggestion!
When does the IV bill get invoiced?
After you send the DS-3032, NVC will most likely respond in a week or so with an acceptance email (or rejection). A few days after acceptance, the IV bill will be invoiced.
What is needed in the IV package?
Generally, the following is needed:
- Bar-coded cover sheet from payment portal
- Completed, signed, and dated DS-230 form by beneficiary (do NOT sign or date part 2; this is done at the interview) [note: if doing online forms (DS-260), the DS-230 is obviously not needed]
- Two passport-style photographs (2" x 2") of beneficiary (on the back, write: beneficiary's full name, date of birth, and case number)
- Copy of bio-data page of beneficiary's unexpired passport
- Original or Certified Copy of beneficiary's birth certificate, PLUS A PHOTOCOPY
- Original or Certified Copy of marriage certificate, PLUS A PHOTOCOPY
- Original police certificate(s)
Please read: http://travel.state..../info_3195.html for additional documents if applicable.
Also read the country-specific documents linked in the first post. There may be additional documents needed not listed above.
If my documents are not in English, do they need to be translated?
NVC's website states:
"All documents not written in English, or in the official language of the country in which application for a visa is being made, must be accompanied by certified translations and submitted to the NVC. The translation must include a statement signed by the translator stating that the:
-Translation is accurate, and
-Translator is competent to translate."
Despite this, I have seen cases of people getting checklists for not having translations of non-English documents. I'd suggest you get everything translated anyways to be on the safe side. It's not needed, but highly recommended.
How long does it take for a bill to appear as PAID in the payment portal after paying it?
Usually just a day or two.
Do I have to wait for NVC to email me instructions before mailing packages?
NO. If you wait on NVC for this, it can take WEEKS to get anything from them. As long as the respective bill appears as PAID in the payment portal, you can send in your package.
What address do I send the AOS and IV packages?
You will find their addresses on their respective bar-coded cover sheets, which are printed off the payment portal.
Can the packages be sent from abroad or does it have to be from within the US?
Doesn't matter where the package is sent from; NVC just needs to receive it.
Do the packages have to be sent separately or can they be sent together?
Either one or the other works. Again, as long as NVC receives both needed packages, they don't really care. Each way has their pros and cons.
After sending in the packages, how long does it take to get a case complete?
Lately, it's been taking just a few days to a week after the last package is received.
Do I get an email if my packages have been accepted?
No, not that I have seen. You have to call NVC every day and ask for updates on your case to find out if a package has been reviewed and accepted.
Do I get an email when my case is completed?
Generally, no. Only those doing EP (electronic processing) get the case complete emails. There are some non-EP folk that get case complete emails, but it's rare. Again, to find out if your case is complete, call an operator at NVC and ask.
After the case is completed, what happens?
In most cases: the case is put in a queue to get an interview date scheduled. Once an interview date is scheduled, the case is shipped out to the consulate/embassy.
Who should I be calling to find out my interview date?
You should be calling both NVC and DOS. Both have access to your case information. Their numbers are linked above.
How long does it take to get an interview date after a case complete?
This varies by country and consulate/embassy. Some people find out within a day or two, others a few weeks, then the few unfortunate that wait a few months (ex: Ghana). To get the best estimate for YOUR country is to search, using the timeline feature, when others got case completes and when they got their interview dates scheduled.
When do interview dates get scheduled?
If you talk to operators at NVC, they'll always tell you they ONLY schedule during the second week of each month. This is a LIE. They schedule interviews ALL month long. Many people (like myself) have gotten scheduled during the last week of the month. I repeat, they schedule ALL month long.
How long does it take for NVC to mail my case out after getting an interview date scheduled?
Usually it's the next day, but it can take up to a week or more in rare cases.
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Please note: the above time frames are just estimates. Do NOT freak out if your case takes a little bit longer. The time frames are constantly changing. They also depend on NVC's work load for that day/week.
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Summary of NVC process:
- get case number and IIN, give email addresses over
- email the DS-3032
- pay the AOS bill, once it's invoiced
- once the bill appears as PAID, mail the AOS package
- pay the IV bill, once it's invoiced
- once the bill appears as PAID, mail the IV package
- respond to any checklists, if applicable
- get case complete
- get interview date scheduled

For a person who joined this board a month ago, you have a lot experience. At least that's what you think, but unfortunately many of your posts contain errors and misinformation. Don't post if you don't know!
@OP: For I-134 it is based on your CURRENT income. You have to include past tax filings, but what really matters is your current situation. Enclose an employment letter with current salary shown and a few current paystubs.

Why does everyone keep saying this? See my post above. It is not based on last year's past income. It is based on CURRENT income. You can estimate(project) your 2012 annual income by multiplying your hourly rate times how many hours week you work. Then multiply that by 52. Or multiply your monthly income by 12.
And this is the link for the poverty guidelines: http://www.uscis.gov/files/form/i-864p.pdf

I understand and agree with your frustrations, but until people stop trying to scam the system, it won't be any easier, no administration will fix it so quickly. I just wish they took away some of the loopholes... especially the one where you can come to the US on any visa and then just "suddenly" decide to get married and AOS.

Lol seems like they read the subject line and inserted an answer.

She was only trying to help even if she missed the point of your question. This site is about helping others, that's what she was trying to do.

The OP has already admitted that she has made a mistake, and was going on wrong information that USCIS gave her.
There's no reason to continue to tell her or question the mistake she's made, she's simply asking for advice on whether or not there's anything to do to fix it.