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4izenough

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    package 3

    in K-1 Fiance(e) Visa Process & Procedures

    Posted

    Hi all,

     

    Fiance visa K1

     

    The sent me an email saying it approved and sent to US embassy abroad. A case number was already assigned from the embassy. So i looked at the requirement about package 3. And told her to get her medical and gather other documents.

    Q1. How will the embassy know that she's completed her medical exam. She had not receive package 3 in the mail yet.

    Q2. Once they know, will they schedule an interview date or is this something i or she do?

    Q3. I have to complete an affidavit of support. I'm a little confused as there are two forms I-134 or I-186  which one? and do i send the original to her along with my 3 years tax? or can it be email to her? (also do need it notorized)

    Q3. she completed the DS-160 already. correct form? Non immigrated visa

    Q4. Are there any other fee she has to pay other the fee i've already paid.

     

    Sorry this is a lot of questions. thank you for helping me.

    Citizenship approval taking too long

    in US Citizenship Case Filing and Progress Reports

    Posted

    Hello all,

     

    wWfe had an interview back in April 2016. to date,

    they have not given her an approval, even though she passed all civic questions.

    We've called them and even went to the local office. They just kept saying, waiting on a third party respond.

    It cant be the background check, because background can't be that long.

     

    So my question is, is it time for a lawyer? and what can they do, other than what we've already done. Call the USCIS, went to the local office with an appointment.(twice)

     

    This is january 2017.

    thanks for your respond.

    File too soon? 90 days met?

    in US Citizenship General Discussion

    Posted

    Because using the date you listed on the N400, you weren't married for 3 years on December 28 2015! You have to be married for 3 full years before you apply. So your wife was not eligible to apply either both times because you had not reached your 3rd marriage anniversary of 1/7/2016.

    So that's the first mistake...Now let's set that aside... the second mistake is that you're listing the wrong marriage date.

    You can't have two wedding dates... the second marriage is meaningless for immigration purposes; your legal marriage date is the day you got married in her country and that's the date you should have used.

    Refile and use the correct marriage date: the day you actually got married outside the US... that's your marriage date.

    Thank you for responding.

    Yes we were married in ceremony in her home country, but i left that out intentionally when i applied for her CR-1 visa because she was denied a visa by marriage.

    So i reapplied for a fiance Visa (approved) and we were legally US married on January 7,2013. (she arrived 01/1/2013.

    It should be OK now, since its past January 7th. I will try again.

    thanks

    File too soon? 90 days met?

    in US Citizenship General Discussion

    Posted

    I think you're saying that the date of the marriage listed on the application was not correct... am I understanding you correctly? If that's what you're saying, then you're absolutely right!

    To clarify for others regarding the 90 day early filing when applying under the 3 year rule:

    Let me try to explain my understanding and back it up with USCIS text and other VJ experiences.

    For the 3 year rule the applicant can apply 90 days before the "resident since" date on the green card provided that these two other conditions are met on the day the applications is filed:

    The applicant has to have been married to a US citizen for 3 full years

    The applicant's spouse has to have been a US citizen for 3 full years.

    Once again, to be clear, applying 90 days early applies only to the resident since date... you cannot apply before you have been married for 3 years.

    Here is the wording from the USCIS policy manual. A spouse applying under the 3 year rule must meet the following:

    "Living in marital union with the citizen spouse for at least three years ​preceding ​the time of filing the naturalization application​ (the citizen spouse must have been a U.S. citizen for those three years)​.​"
    "Continuous residence​ in the United States as an LPR for at least three years immediately preceding the date of filing the application and up to the time of naturalization​.​"
    Note that there are 3 requirements:
    3 years as an LPR
    3 years of marriage
    3 years of the spouse being a USC
    Now a little further down, there's an exception:
    "The spouse of a U.S. citizen filing for naturalization on the basis of his or her marriage may file the ​naturalization application ​up to 90 days before ​t​he ​date he ​or she ​would first ​me​e​t the ​required three-year period ​of continuous residence."
    The exception is very clearly only to the continuous residency requirement and not to the marriage or USC spouse requirements. Note that the 3 years have to be "immediately preceding the date of filing the application and up to the time of naturalization". So the continuous residency requirement is coutned all the way until naturalization. But there is no similar rule for the marriage anniversary. It just says "Living in marital union with the citizen spouse for at least three years ​preceding ​the time of filing the naturalization application".
    The full text can be found here:
    That's pretty clear to me, but here's a case of someone who actually experienced this issue and was denied:
    Here is further discussion of the issue.
    I've come across several other similar cases where applications were denied for the same reason, but to for completeness, I did also come across a case of an applicant last year who's application was not rejected even though she applied early; so it appears that the rule (while clear to me) isn't always applied consistently.

    WOW that's a lot info to digest.

    They issued her 2 years and later 10 years green card with a resident date of 1/1/2013. We were married here on 1/7/2013, that's the date I put on the N-400.

    I've met all the requirement for myself.

    So why would they reject the dec, 28,2015 N-400? it falls in the 90 days requirement?

    thanks and sorry for sounding dumb.

    No... that's exactly what I thought you were saying... and as I said I think you are correct. I didn't think you were saying they didn't have to be married for 3 years.

    The problem is that the applicant wrote down a marriage date on the application that was LESS than 3 years before the application date. The application was filed in October 2015 and the date of the marriage on the application was January 2013. The OP has confirmed this several times. I don't know why that was done, but it was.. You're right of course that that can't be right, but USCIS will go by the dates on the application; they will not correct the information based on their previous case records.

    I suspect that the applicant had more than one wedding and wrote down the date of the second wedding on the application.

    As I said above, the rest of the response was for others who may not be aware of all the details of the 3 year rule.

    But why would they reject the December 28,2015 N-400 application file?

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