S and R

Im not an expert here but most denials, requests for information, clarifications, etc are by mail and/or email, never as phone calls. Is it our husband telling you this? Any proof of these denials? They are rather unusual - especially the 2-year one. Someone else here might know.

Thank you so much for the fast reply! A bummer, but atleast that's all cleared up, H1B won't work out for us. Thank you again!

Investigate the E-3 visa as well, it is a work visa available to Australians only and the quota is never filled - only 2000 were used last year out of the 10,500 allocated annually.

Hello, how can I stay in the USA for business without having the risk of being denied entry when I go in and out of the country? I'm currently managing a business in UK, my suppliers and many services are in the USA, I do need to stay in the USA for a while doing purchasing mainly, I do not want to encounter any issues when I go back again, how can I get a way, visa, permit or document that can allow me to go in and out of the country without risking the business future and my current visa which is just for business and pleasure? Would you be so kind to guide me or share your experience about this type of situation? thank you

Sue

Try Global Entry - Its mainly for business people. (http://www.globalentry.gov)

What is Global Entry?

Man using kioskGlobal Entry is a U.S. Customs and Border Protection (CBP) program that allows expedited clearance for pre-approved, low-risk travelers upon arrival in the United States. Though intended for frequent international travelers, there is no minimum number of trips necessary to qualify for the program. Participants may enter the United States by using automated kiosks located at select airports.

Hi everyone,

Petitioner (who already sent AOS I-864 a months ago) is going to quit his job. Interview is scheduled next month and it is unlikely that Petitioner will find a new job during this time.

So... the question is: does consulate verify through some kind of government or any other facilities if Petitioner is currently working?

Does anyone's petitioner employer was called by consulate to confirm that the Petitioner employed?

Regards,

Alexander

Its possible, if not an indication of current employment. The NVC requested my wife to send some recent payslips to show that she was still working. We sent our AOS documents in January 2012, it took them a month to review our case and then asked for recent payslips(??!!) We sent them all Jan, Feb and 1st week of March 2012 payslips and the case was closed the next day.

There is a posting here of a visa not being issued as they wanted the 2011 tax returns from the petitioner(and they are not yet due in the US until April!). Talk about being prepared.....

Re-reading your post I realise what you meant now... I thought you submitted $2000.00 short all told (including your own assets/savings) and that's why you had the "beneficiary doesn't meet the min income requirement" message from the NVC.

Is that a standard message when you use assets to supplement income?

Just seems odd and a little misleading to state something like that when in effect you actually have met the requirements as described by the I-864...

Yes, it looks like a standard message. The clause on the NVC checklist mentioning the petitioner not meeting the poverty like was marked with a 'X' and not as an RFE but as for your information only, so much that the case was closed and it was left to the CO to decide. Strange, but as the saying goes "every case is different....".

Thanks for the advice... you're not quite correct about my employment status when we relocate though. I will be still employed and earning income for another 15 weeks (albeit not in a traditional sense)

Seems like you were willing to take a gamble submitting an I-864 knowing you were just short of the income requirement... I definitely won't be taking that risk but would just prefer to list income rather than assets to substantiate support.

OK. I'm not sure about using beneficiary's income solely for the total amount. The requirement is that the income must be ongoing in order for it to be considered for the I-864, so I think you will be OK if you explain the nature of it, however non-traditional. 24 b states "in certain conditions, the intending immigrant's income....."

Also, the instructions for the I-864 state that beneficiary's assets can be used on the I-864 on the condition that they can be liquidated within 12 months (at 1/5 the value if they are offshore). Its not a Yes or No requirement, they can be included if the sponsor's income is below the poverty guidelines (Instructions for Part 7), that's why we don't believe its a gamble.

My US citizen wife is completing the I-864 on my behalf (I'm the principal applicant) and I wanted to clarify a few points about income continuing from the same source once I become a lawful permanent resident.

We both currently reside together in Australia and are planning a permanent return to the US in November.

My wife hasn't worked in quite a few years as I'm fortunate enough to support both of us (and our 15 month old son) on a single income.

This means we need to satisfy the I-864 requirements on either my assets and/or income (preferably income).

I understand the only way for me to legitimately list my income is under the condition it continues from the same source after I become a lawful permanent resident... all clear enough.

The murkiness comes in here;

Sometime in November I will be eligible for a "long service leave" (LSL) benefit somewhat unique to the industry I work in which entitles me to 3 months paid leave... I also accrue regular annual leave for this 3 month period such that I effectively end up with ~15 weeks of paid leave.

The intention is to take the entitlement and travel to the US in November and quit my employment at the end of the 15 weeks (i.e. while in the US as a lawful permanent resident).

With this in mind, is there any reason why my income shouldn't be listed on the I-864 (even though I know it's not a permanent arrangement)?

The answer might be as simple as; Yes, my income does continue from the same source after I become a lawful permanent resident therefore it's all good - but I'm worried there may be repercussions knowing it's not a traditional situation involving international employment.

As always, any constructive opinions/information will be appreciated.

I suggest you supply additional information to explain the figures and the calculations when you submit your I-864.

The question with you appears to be that there is no US Citizen/LPR to sponsor or co-sponsor you. Whether the Embassy can accept an I-864 with a 100% self-supporting beneficiary - I just don't know, especially when neither of you will be employed when you relocate. You will effectively be living off your savings. Someone else will advise you on that one.

This is our scenario - my wife is just $2,000 short of the cutoff figure for our family size, and she is still working. I included my cash savings here and also the equity in my property here which came to a huge 6-figure total. I submitted additional information on how we came up with the figures. The message we were sending was that 'we will not need any assistance from anyone for a very long time'. My case was closed at NVC with the comments - Please note that the beneficiary does not meet the minimum income requirements. This decision will be made by the Consular Official at the interview......

I was in the US last week and I secured a back-up I-864 from a co-sponsor that I will present if our I-864 is rejected at the interview. I gather the US Embassy CO's in Sydney are very understanding, I believe a clear explanation of your situation will make a difference.

Good luck!

A quick report:

My case is at the NVC and I had to travel to the USA to visit my wife. I had no problems whatsover at entry. I had lots of 'ties to Australia' documents - leave authorisation, mortgage records, bank accounts....etc, but I wasn't asked for anything.

2 questions were asked: What is the purpose of your visit? (visiting family and friends)

How long are you staying? (2 weeks)

This is under VWP.

Unless I have missed something - they are requesting you to provide specific information. Follow the request to the dot and you will be fine. You are lucky to know what they want; lots better that being in AP.

Collate the info requested and send it in. How come you have such a long list of missing information??

For all those who are busting their buts to get to the USA to live....please rethink for just a minute.....could you both migrate to Australia?

Its just that this country is in a recession....meaning, not enough jobs etc..(although on the plus side the houses are cheap...but banks arent lending)

Where as Oz is not.....many more jobs and I believe the country and lifestyle is much more healthier.

Do I regret coming over here....well yes....but no...

eventually my husband and I will move back to Oz, but in the meantime....we are here and I just wish I had of left Australia making sure I had dotted the i's and crossed the t's - instead of rushing off to fit with the timings of the K1 .... hoping when we move back Australia will still be in its boom time....

And....Im sure, my husband and I would have been much better off financially if we had of migrated to oz, rather than here....

There are a number of little issues you will have to deal with once you move from the other side of the world to here..(and worth thinking about NOW...NOT ONCE YOU MOVE)...for an example prepare for going for your learners and licence all over again....yeap...buy the road rules book for the state your moving to....banking oz and usa....credit cards Oz....debit cards...

Feel free to ask me any questions should you want a bit of help with before your big move.....Im not doing anything these days....& would love to assist you guys...cheers :dance:

This is a very good question, and it gives me sleepless nights just thinking about it. It is amazing how Australia just keeps going!

I don't know where the heart ends and rational thinking begins - happy but struggling to survive is a strange 'happiness'. The positives include being mortgage free and buying 2-3 investment properties. I plan to get a car with cash as well, so that we can get the big ticket items out of the way, hopefully we can then survive on limited income. The job market is a worry, Im not sure whether it is as bad as it is reported in the news. I miss my wife but we are planning that I work for another 3 months after the visa is issued, just to top up on savings. Scary.

Also, is it true that people are leaving the US in droves?

Hi all!!!

I have a very special question someone asked me and I did not know what to answer

There is a couple, one is from Chile, the other one is US citizen. The american guy studied his career down there in Chile, they met each other there, fell inlove and now they have a long-distance relationship. The chilean guy lives in Chile and the american guy, moved here last year when he finished his career. The chilean guy just got here with a Tourist visa, he leaves next month. They want to know... (apparently relationship is getting stronger, both met already the inlaws lol) if there is anyway the chilean guy can move here to USA, when the chilean guy finishes his career of course to get married etc. Is there anyway a gay couple can do this process or not? I know there are some states where Gay Marriages are legal. Any advices???

B-)

Thank you!!!!

One of them can move here, to Australia, as a skilled immigrant ( the economy never collapsed and more people are needed), then sponsor the partner. There is no need for them to get married - only have to claim emotional dependency - thats the name of the visa too - E D Visa....lol.

The "-2" has nothing to do with the length of marriage.

CR-1 is for marriage less than 2 years, IR-1 is more than 2 years and ends in a 10 year card. The "-2" refers to derivatives. The paperwork is the same just ends up with a different card (and they require more evidence for a longer marriage obviously)

A K1 is a fiance/e visa, a K2 is kids of fiance/e visa, CR-1 results in 2 year card, CR-2 is kids CR-1, IR-1 results in 10 year marriage, IR-2 is kids of IR-1 (more or less)

Thanks for clarifying.....my apologies to the OP.

:blink:

Enjoy..... :-)

Because it's not available in all countries any more and Australia is one of the many countries where it is no longer available.

IR-1 you mean. CR-2 is for children of CR-1's.

Ooops.... one of those; definitely with "-2" at the end.....if married longer than 2 years for the 10-yr Greencard.

You can get married anytime, anywhere - then go the CR-1 route whenever you are ready to move to the US to live. As you will be away for 4 years, I'd suggest you file after 2 years for the CR-2; it will save you the hassle of AOS from 2-yr to 10-yr green card. Besides, you will have a tonnes of evidence of a bonafide marriage after 2 years.

PS - Kangaroo meat is CHEAPER than beef these days...IGA supermarkets have a growing choice of 'cuts' ....:-)

Is that correct? I dont think so....

The liability is to re-emburse the government for any benefits sought by the immigrant, only if and when the immigrant claims benefits. I don't think am immigrant can just say 'hey Uncle Sam, he/she is not paying for my upkeep....please make them pay since they signed the I-864". The description of the contract mentions "to ensure the immigrant does not become a government charge". It is not about support for living costs. No collection of government benefits = no issues.

Hi there,

Hope all you guys are doing great,We i'd like some information from you guys about how you send mail to your loved ones in Africa.

My fiance wants to mail me all the necessary documents to take with me at the interview but i have no proper address,he wants to send it through DHL or FEDEX.

However my greatest concern is that i live in an area where we have no landmarks or plot numbers.So heres my question,How did you address your mail when sending it to Africa?

I really can't afford to loose those documents.

Thanks for your input

Pick up from the DHL offices, with photo ID & other details to confirm that you are indeed the recipient - e.g quoting sender's name, address, port of origin, etc. Good luck.

I recently started the visa process CR1 for my wife. I know that one day in the future we are going to require a police record/certification. She is a citizen of China (and has lived in China a good part of her life), however she is Korean and is currently living in Korea.

Will she be required to go back to China to get the police report/certificate or is there a way we can get it without her going back to China (via mail)?

Thanks

Im not sure about locals but I was a foreign resident in the mid-90's and I have just managed to get one in the mail. I contacted a law firm in the city I lived (thanks to Google...), wrote them an email and they did all the leg work - going to my university to obtain an initial clearance that then had to be presented to the Gong An Ju to get the police clearance. The process cost me RMB1000 (AUD150) which I gladly paid as I had run out of options. The Chinese Embassy here advised me to "get a local friend to do the leg work...." (??!!).

Just one way of getting it but good luck with the process.

My lady just passed her interview may be here by New Years!!!!!!!!!!!!!!!!!!:dance::dance::dance:

The heading appeared shocking - I lost a heart beat, thinking that she passed (away)...... only to notice that the content is good news :-0! All the best for the future.

I'd petition for my wife instead, to move to OZ. Plenty of work, no crime, beautiful country, the GFC never really hit, very inclusive, etc....Closest to paradise. I would try 'down under'.

Consider it a blessing in disguise if it happened.

Since one never knows how long the K-1 process will take, I look to my new friends on VJ to give me some guidance.

When do you put your house up for sale????

With 3 kids and myself....I can't list or sell too early as we wont' have a place to live (sure we could rent for a couple of months but the thought of packing and unpacking only to repack and re-unpack numbs me) ....and if I wait too late...I don't want to be in the US with an unsold house.

If it was just me, no big deal but with the kids it makes it more challenging.

Any ideas? I'd really appreciate hearing from you.

Thanks,

Our case is still at the NVC but I have done all the pre-work for a sale, including repainting the house. I have an agent with all the paperwork ready to go and it will be on the market on the day the visa is issued. We will not be selling before that - not advisable. You will have 6 months to move once a visa is issued - you can use that time to sell.

Hi R,

Thanks for the info.

I believe the P800 form is for NSW residents only. I live in WA and as such, am required to get a police check by applying directly to the Federal Police (form CR501).

The more I read, the more I think that full disclosure is required ('unspent' as well as 'spent' offences). I have sent an email to the US consulate in Sydney to verify and will post back here when I get a reply. I really hope I don't have to wait another 3 weeks for a fresh certificate and pay another $145.

Hi,

You are correct. Here is the other way to obtain the certificate.

Australia Police Clearance Certificate

The following form is required: Australian Federal Police National Police Check (NPC) Application Form.

Applicants may obtain the form for the Australian Federal Police check at:

Criminal Records – National Police Check, Australian Federal Police, Locked Bag 8550, Canberra City ACT 2601 , Australia ,Telephone from Australia: (02) 6202-3333 , Telephone from elsewhere: +61 2 6202-3333

Website: www.afp.gov.au

IMPORTANT: When filling out the Australian Federal Police National Police Check (NPC) Application Form, enter Code Number 35 in section 1 (Purpose of NPC).

I have received a Police Clearance from Australia but I cannot obtain 2 others from countries that will only send them to the embassy not to the applicant, i.e. to the USA Embassy in Sydney. I have written to the NVC and no response so far, so much that I would like to send my DES-230 & I-864 with one police certificate. I will advise the NVC that the other certificates will go to the Embassy after I receive Packet 3 or 4(?) from the Embassy as I have no other option. Will this work? Will I get an RFE?

Everything else is ready to go.

Thanks!

I have paid all the application fees and according to the process, I should expect the DS-230 and I-864 packages and checklists of documents to send. I have waited for more than a month now. Can someone send me the checklists in these packages please? I have found the forms but I need to know what other documents to send with each.

Thanks!

Hi,

Thanks for the info. However, from that website (I reside in WA):

"If you reside in Western Australia

If you reside in Western Australia, you must request a national police certificate based on name and fingerprints from the Australian Federal Police (AFP).

Overseas applicants must apply to the Australian Federal Police (AFP).

The AFP can be contacted at (02) 6202-3333 or through the AFP website."

It doesn't specify which Federal police cert is required. The Federal Police form has multiple options (listed in my first post) on it... Confused.

Hi,

Did you complete the P800 form? If not, you may need to start again as this is the form that the USA Embassy specified. Save a copy of the P800 from the website and fill the form, it is a read/write PDF. Make sure you tick the 'Name and fingerprint check' box. Then print a copy and take it to your local cop shop and request fingerprints to be taken for a police clearance report for immigration purposes. They will take you to the back where the robotic machine is and your fingerprints will be taken and printed, sealed in a package with your P800 form and it will be forwarded to the AFP (2 offices: one in Canberra and the other in Sydney, Parramatta.) The AFP will conduct the check and they will send the certificate in the mail to the address you specified on the P800 form. Dont let them advise you of what is required, its best you tell them what you are after and what they need to do. There is a $175 charge for the national police clearance report, and you can pay with a credit card.

Hope that helps.

R.