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JoelyLeidy

back ground checks on beneficiaries

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Filed: AOS (apr) Country: Cyprus
Timeline

How exactly is the beneficiary checked during the interview? S/he brings the police clearance certificate - and that's it! Nobody ever goes into any database or sends any requests to check on the beneficiary - the info is simply unavailable for the US government.

You are very wrong.

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-1 Visa Country: Colombia
Timeline

That is what I was wondering about... For the agency I work for, we data mine quite extensively. What I was curious about was those things that create an AP and add so much time to waiting.. I was thinking, her living is a remote part of Colombia would make it difficult to complete, thus ending up in a long queue while they run off to investigate every little thing on every sheet of paper filed, which in a developing country, seems like it could be excruciatingly long, when it doesn't need to be, especially trying to meet her needs there, while there ends up going through AP. I do understand associated names. Traveling through SA, You can find so many similar names. it is the old naming convention; Given name, middle name, fathers last name, mothers last name, and then common names, like our "smith and jones" can probably create havoc in these systems.

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Filed: AOS (apr) Country: Cyprus
Timeline

An article on how overwhelmed and backlogged the system is :

http://www.mcclatchydc.com/2008/02/10/27280/homeland-security-easing-immigrant.html

Spoiler

 

I-129F Sent : 3-31-2014, NOA2: 4-6-2014

NVC Received : some dinkelsberry yehoo in the house of clingons send our petition to the wrong consulate.

Consulate Received : July 30,2014 Transfer to right embassy complete.

Interview Date : Oct 22, 2014

Interview Result : AP , requesting another PC (not expired) and certified divorce decree (was submitted)Stokes interview via phone for petitioner 4 hrs after interview.

Oct 23 email notification visa approved.
Visa Received : Nov. 3 , 2014 VISA IN HAND.

US Entry : Nov. 21, 2014

Marriage : Dec 27, 2014

AOS send : May 12, 2015, received May 14, 2015 USPS priority

Email &text : May 18, 2015, check cashed May 19,2015, return receipt May 21, 2015 stamped USCIS Lockbox, NOA1 (3x) May 22,2015

Biometrics : June 1, 2015 letter received for appointment June 8, 2015, successful walk-in June 1, 2015

RFE : June 12, 2015 for income not meeting guideline. Income does ( ! ) exceed guideline.

RFE response : June 26, 2015 returned with a boat load full of financial evidence.

UPDATE: July 5, 2015 updated on all 3 cases, RFE received June 30, 2015.

Service request : Aug 12, 2015, letter received that it will be processed within 90 days from receipt of RFE.

UPDATE: Aug 24, 2015, EAD card being produced/ordered. ( 102 days from AOS receipt day and 55 days from RFE response received.) Thank you Jesus !

Emails : Aug 24, 2015, EAD approved, EAD card ordered.

I-797 EAD/AP approval notice received : Aug 27, 2015

EAD/AP combo card mailed : Aug 27, 2015, EAD/AP combo card received: Aug 31, 2015

Renewal application send for EAD/AP : May 31,2016 (AOS pending over 1 year). Received June 2, 2016,Notice date June7, 2016, emails,texts, NOA1 hard copy

Service request for pending AOS April 21, 2016, case not assigned yet.
Service request for pending AOS June 14, 2016, tier 2 said performing background checks.
Expedite request for EAD/AP Aug 3, 2016, Aug10 notification >request was received, assigned, completed. RFE letter requesting evidence for expedite, docs faxed Aug18

*Service request for I-485 Aug 3, 2016, Aug11 notification> request was assigned. Service request Dec 2, 2016.
AOS Interview letter received Aug 12, 2016

AOS Interview September 21, 2016.

Second Biometrics appointment letters received for EAD and AOS on Aug 15, 2016 for Aug 17 ( 2 day notice).

Second Biometrics completed Aug 17, 2016

Third Biometrics appointment letter received Aug 19, 2016 for Sept. 1, 2016. WTH ?!

EAD/AP (renewal) approval Aug 22, 2016, NOA2 received Aug 25, 2016

Renewal EAD in production notification text and online, expedite successful 4 days after RFE request response was faxed, Aug25mailed,Aug29received.

Sept. 21 Interview, 2 hour interview, we were separated and asked about 50 questions each for an hour each. IO was firm but professional, some smiles.
Several service requests made, contacted Senator and Ombudsman. Background checks still pending.
July 21, 2017 HOME VISIT.  Went well. Topic thread in AOS forum.
Waiting to skip ROC and get 10 yr GC due to over 2 year while pending AOS
AOS APPROVED Oct. 4, 2017 * Green card in hand Oct 13, 2017 !!!!!

First K1 denied after 16 month of AP. Refiled. We are a couple since 2009. Not a sprint but a matter of endurance.

 

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Filed: K-3 Visa Country: Thailand
Timeline

The In Colombia's case, the Notary attests that the person signing the document is the person he factually says are and records the document. The person, under perjury, attests, at the time of signing, that the content of the letter is factual and accurate. That is the purpose of Notarizing it. No, it is not high level evidence, but for me, when I look at documents, a notarized document gives me a level of comfort, though not overwhelming comfort.

Interesting. I wonder how the notary would know what is factual and accurate? They must do the background check about all the info in a document which in Colombia must take some additional time. In Thailand this would take many months.

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Filed: K-1 Visa Country: Colombia
Timeline

Interesting. I wonder how the notary would know what is factual and accurate? They must do the background check about all the info in a document which in Colombia must take some additional time. In Thailand this would take many months.

the notary, by verifying the signature to an official document, like a colombian cedula card, attests that in fact is the signer on the document. the signer, under perjury, attests, when they sign it, that the information is accurate and correct.. yes, i am sure they would go verify, but at least the verification is to a written document, rather than verbal evidence based on an investigator posing as a fictitious friend..which to me, would be shaky at best, since it could be pleaded that the investigator coerced or manipulated the witness, which for the USA, could be inadmissible. Here, in the states, the investigator has to present credentials showing they in fact who they say they are, under due process statute. A government employee, in a public trust position, would violate that pretty quickly if credentials were not presented to a witness. This would even be required for a foreign national contractor, since they are representing the US Government, when they are investigating. this part i am not worried about, its the long AP lines, if they get to the minutiae of the application it could tie up a petition for months, in a rural area.. I really doubt a 25 year old woman, that hasn't lived outside her city her whole adult life, never married, and no children, no arrest record, would be too suspect in the eyes of anybody.. especially, by the time we have our consular visit, we would have spent 30 days in six months together, with more than half of it, with her family and friends, over Christmas and the new year, in her family's house..

Edited by JoelyLeidy
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Filed: K-3 Visa Country: Thailand
Timeline

the notary, by verifying the signature to an official document, like a colombian cedula card, attests that in fact is the signer on the document. the signer, under perjury, attests, when they sign it, that the information is accurate and correct.. yes, i am sure they would go verify, but at least the verification is to a written document, rather than verbal evidence based on an investigator posing as a fictitious friend..which to me, would be shaky at best, since it could be pleaded that the investigator coerced or manipulated the witness, which for the USA, could be inadmissible. Here, in the states, the investigator has to present credentials showing they in fact who they say they are, under due process statute. A government employee, in a public trust position, would violate that pretty quickly if credentials were not presented to a witness. This would even be required for a foreign national contractor, since they are representing the US Government, when they are investigating. this part i am not worried about, its the long AP lines, if they get to the minutiae of the application it could tie up a petition for months, in a rural area.. I really doubt a 25 year old woman, that hasn't lived outside her city her whole adult life, never married, and no children, no arrest record, would be too suspect in the eyes of anybody.. especially, by the time we have our consular visit, we would have spent 30 days in six months together, with more than half of it, with her family and friends, over Christmas and the new year, in her family's house..

So knowing all of this why are you concerned? The case seems simple to me.

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Filed: Citizen (apr) Country: Mexico
Timeline

the notary, by verifying the signature to an official document, like a colombian cedula card, attests that in fact is the signer on the document. the signer, under perjury, attests, when they sign it, that the information is accurate and correct.. yes, i am sure they would go verify, but at least the verification is to a written document, rather than verbal evidence based on an investigator posing as a fictitious friend..which to me, would be shaky at best, since it could be pleaded that the investigator coerced or manipulated the witness, which for the USA, could be inadmissible. Here, in the states, the investigator has to present credentials showing they in fact who they say they are, under due process statute. A government employee, in a public trust position, would violate that pretty quickly if credentials were not presented to a witness. This would even be required for a foreign national contractor, since they are representing the US Government, when they are investigating. this part i am not worried about, its the long AP lines, if they get to the minutiae of the application it could tie up a petition for months, in a rural area.. I really doubt a 25 year old woman, that hasn't lived outside her city her whole adult life, never married, and no children, no arrest record, would be too suspect in the eyes of anybody.. especially, by the time we have our consular visit, we would have spent 30 days in six months together, with more than half of it, with her family and friends, over Christmas and the new year, in her family's house..

This its so wrong.

The notary do not have the last word about the signature or content of an official document. I know this because im a lawyer in my country, and I know very well that USA, Colombia and México are part of the Hague convention that abolished the requirement for legalization of foreign public documents. That means that any legal document must be certified by a public authority of the country that issue it (i.e birth certificate, cedula, etc) and even the sign of the notary need be certified by an apostille issued by the federal government.

What its an apostille? Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, notarials, court orders, or any other document issued by a public authority, so that they can be recognized in foreign countries that are parties to the Convention as USA, Colombia and México.

Its a fact that USCIS dont require the apostille in the process, but its a fact too that use it save a lot of background checks or AP because the content of the document its 100% real and legal, lets face it, some people gets even RFE for birth certificates or any other legal document when those arent clear or too much old, or create doubts in the adjuticator.

For more information about it, here I post the links:

http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/notarial-and-authentication-apostille.html

http://www.cancilleria.gov.co/en/procedures_services/apostille_legalization/apostille_requirements

Edited by M@rita
 

 

May/29/2024 -- N-400 submitted online.

May/29/2024 -- NOA 1 released online.

May/29/2024 -- Biometrics Reuse letter released online. 

Jun/03/2024 -- Received the Biometrics Reuse letter in our mailbox at home.

July/21/2024 -- We got an email with the notice that the N-400 interview was scheduled. 

July 26/2024-- We received the physical letter with the notice that the N-400 interview was scheduled.

Sep/05/2024 -- N-400 Interview (passed!)

Sep/05/2024 -- Oath Ceremony will be scheduled. 

Sep/06/2024 -- We got an email with the notice that the Oath Ceremony was scheduled. 

Sep/17/2024 -- We received the physical letter with the info about the Oath Ceremony. 

Sep/27/2024 -- Oath Ceremony and Certificate of Naturalization issued.  (Journey over!) 

Oct/03/2024 --  We received the physical letter from SSA with the updated SSN card. 

Oct/15/2024 --  We received the physical letter from  NC DMV with my NC Real ID card. 

 

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Filed: K-1 Visa Country: Colombia
Timeline

So knowing all of this why are you concerned? The case seems simple to me.

not concerned... curious of this process.. i help support her, when she needs it and into the future while we navigate this journey together, and understanding the process helps plan for the future.. Colombia isn't the USA.. here, information is pretty much standardized and readily available, like where to get birth records, background information... etc.. In developing countries, its not quite that easy, like all long form birth certificates are kept with the local notary that has greater authority than US notaries, and that needs to be tracked down, from 25 years ago, if you can even find the notary, (thanks be to God, its listed on the Birth cert. and they still exist).. Rules change depending on the department, (state) in which a person lives, and even from municipality to municipality, for record keeping and a lot of other civil processes. So, what would be quite simple here, in the States, can become quite burdensome and bureaucratic in other countries. A lot of that burden is the US Govt. is quite process oriented and driven by standardized rules (administrative law), that dictate how they operate. Even though consulate staff operate in host countries, its doesn't relieve them of these rules and law, since their authority in which they operate is granted by congress, and regulations that interprets said laws. We have rules of due process, which isn't granted to visa applicants, but they are entitled to have a consulate operate under the authority that was granted to them, not the consulate staff ride roughshod over the whole process, how they want, in a host country. It is doubtful that Bankok's consulate operates much differently than another consulate, except where there was higher risk of violating immigration law, but it is doubtful that they deviate much, through local standard operating procedures. That is why I made the comment who cares if something is listed as a bar or restaurant, when working in either is legal in the USA?. What is more important, would be dates of employment and job description verified through an official call to the business. That is why I asked about a letter from her employer stating dates of employment, and a simple job description, would help, given remoteness, in relation to Bogota? If its a data base check, then why go through the trouble and have an employer write up a letter? However, if its more investigatory, it would seem beneficial. If an agency has a back log of files, anything to move the process along would be helpful. Since a lot of the migration issues, and visitor visa issues came up was after 911, it would be quite logical to consider that is what they would be focused on, but not being through this whole K-1 process before 911 (navigated the CR-1process without problems), I figure the more information the better. When something here can take hours or a couple of days, it can tack on months in developing nations, simply not knowing where to get it. ... out of curiosity, we were interested so we can plan for the long haul through an AP, or if its a quick and dirty data base check for criminal and terrorist ties? Even prostitution is hard to prove, unless its a legal business in the host country and records are kept, but in countries where it is illegal, then it becomes illicit and a negative response on an application would be hard to prove. Silence would become the beneficiary's best friend. However, as the beneficiary, it would be an issue if they listed unemployed for 5 years, because the first thought would be, " how does this person support them self?" It is doubtful that a host country would allow the US government to access its tax records for employment checks, or any other domestic and civil matter, for that matter, if there is no criminal complaint, just to satisfy its application process for visa issuance. That is why countries have Sovereignty laws, where they don't subjugate its citizens to another country's rule of law; that view of thinking left with the waning dominance of a colonization. If the host country has mutual need for information, then it is granted, If it is beneficial to the host country, as is the case of terrorism, they would disclose it right away. if not Then one has to look at treaties, like tax treaties, for specific issues. If there is no specific treaty, then you wait for consulate staff to visit the employer. The employer chooses to disclose or not disclose.

That is the long winded answer, why ask this question.

This its so wrong.

The notary do not have the last word about the signature or content of an official document. I know this because im a lawyer in my country, and I know very well that USA, Colombia and México are part of the Hague convention that abolished the requirement for legalization of foreign public documents. That means that any legal document must be certified by a public authority of the country that issue it (i.e birth certificate, cedula, etc) and even the sign of the notary need be certified by an apostille issued by the federal government.

What its an apostille? Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, notarials, court orders, or any other document issued by a public authority, so that they can be recognized in foreign countries that are parties to the Convention as USA, Colombia and México.

Its a fact that USCIS dont require the apostille in the process, but its a fact too that use it save a lot of background checks or AP because the content of the document its 100% real and legal, lets face it, some people gets even RFE for birth certificates or any other legal document when those arent clear or too much old, or create doubts in the adjuticator.

For more information about it, here I post the links:

http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/notarial-and-authentication-apostille.html

http://www.cancilleria.gov.co/en/procedures_services/apostille_legalization/apostille_requirements

Then, may i ask, why do we have to go to Primera Notary to get a copy of her long form birth certificate? Its because that is the notary which it was recorded. The Notaries have shelves of books with these records. Mexico is not Colombia, which is not the USA.

Edited by JoelyLeidy
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Filed: K-1 Visa Country: Colombia
Timeline

This its so wrong.

The notary do not have the last word about the signature or content of an official document. I know this because im a lawyer in my country, and I know very well that USA, Colombia and México are part of the Hague convention that abolished the requirement for legalization of foreign public documents. That means that any legal document must be certified by a public authority of the country that issue it (i.e birth certificate, cedula, etc) and even the sign of the notary need be certified by an apostille issued by the federal government.

What its an apostille? Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, notarials, court orders, or any other document issued by a public authority, so that they can be recognized in foreign countries that are parties to the Convention as USA, Colombia and México.

Its a fact that USCIS dont require the apostille in the process, but its a fact too that use it save a lot of background checks or AP because the content of the document its 100% real and legal, lets face it, some people gets even RFE for birth certificates or any other legal document when those arent clear or too much old, or create doubts in the adjuticator.

For more information about it, here I post the links:

http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/notarial-and-authentication-apostille.html

http://www.cancilleria.gov.co/en/procedures_services/apostille_legalization/apostille_requirements

you are right about Apostilles and the Hague convention, but the Hague Convention doesn't govern domestic record keeping and where documents are kept. That is what I am saying, they are kept at a Notary. Here in the USA, they are kept in a state hall of records. Here, the notary looks at the ID, and says yup, this the person signing the DOMESTIC document.That is what they attest to, not the content. By placing your signature, IN THE USA, the signer is saying they attest to the before mentioned content under perjury. For domestic documents, you are saying I am claiming the accuracy of the before mentioned information. Domestically, you can be charged with perjury, if the information is not true and accurate, on a notarized document. If you go to the state of Oregon the Notary can be found negligent if he/or she doesn't know or understand the content of the document. In Idaho, they don't care, just that the person signing the document is who they say they are. Yes, if you have an official document that has to cross international boundaries, and given to a foreign government, an apostille is appropriate, but not domestically, and nowhere, in this process does it require any documents requiring an Apostille. Any country can do whatever they want domestically and keep records where they want, and the Hague convention doesn't apply. If the document, like the authority for a minor to visit a divorced parent, in a foreign country, is used to grant permission by the other parent, yes, an apostille is required on the document granting permission, because it is used by the other government, in which the child resides, to grant travel outside of the country, as is the case of Colombia, ( I went through this with my ex-wife, having her minor child come and visit for the summer).

All I asked, if we get a letter from her employer, given the distance from Bogota, and the employer has it notarized, does it help with speeding along background checks so we don't get into AP? So far, there has not been one document where it is required to be notarized. However, an immigration attorney, here, in the USA, that practices immigration law, stated to me, that best practices, for any visa, granted by the US government, where you prepare a letter or document, and it isn't a form used by USCIS or the NVC, to have it notarized. If the document requires translation, such as the intent to marry, if the fiance(e) is not fluent in the language of her fiancé(e), then (s)he, should write it in her native language, have it notarized in he( r ) country. send it here, translate it, then the translator has his/her translation notarized, attesting to the accuracy of the document. No, I am not a lawyer, but I did consult with a USA immigration law firm, and they stated, for immigration purposes, any prepared documents and/or letters, can and should be notarized, translated, if required, and the translation notarized, and sent either to the USCIS or the NVC, which then forwards it to the Consulate, if required to be forwarded. It is standard best practice in the USA, according to Andrade Law Firm, which only does immigration law, for immigrants coming to the USA. They would not comment on this issue above, as it isn't in an adjudication process, here, in the USA. At the consulate level, they do not get involved with the consulars approval or denial of a visa, unless it violates said USA immigration law, like questioning gang affiliation based on a tattoo on an immigrant's arm, rather than applying the administrative law, as required. In this instance, Tattoos of any kind are not a valid reason to deny a visa, of any kind. It happened, in your country, by the US consulate, to a Mexican citizen migrating to the USA. This law firm is in the process of trying this case.

Edited by JoelyLeidy
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not concerned... curious of this process.. i help support her, when she needs it and into the future while we navigate this journey together, and understanding the process helps plan for the future.. Colombia isn't the USA.. here, information is pretty much standardized and readily available, like where to get birth records, background information... etc.. In developing countries, its not quite that easy, like all long form birth certificates are kept with the local notary that has greater authority than US notaries, and that needs to be tracked down, from 25 years ago, if you can even find the notary, (thanks be to God, its listed on the Birth cert. and they still exist).. Rules change depending on the department, (state) in which a person lives, and even from municipality to municipality, for record keeping and a lot of other civil processes. So, what would be quite simple here, in the States, can become quite burdensome and bureaucratic in other countries. A lot of that burden is the US Govt. is quite process oriented and driven by standardized rules (administrative law), that dictate how they operate. Even though consulate staff operate in host countries, its doesn't relieve them of these rules and law, since their authority in which they operate is granted by congress, and regulations that interprets said laws. We have rules of due process, which isn't granted to visa applicants, but they are entitled to have a consulate operate under the authority that was granted to them, not the consulate staff ride roughshod over the whole process, how they want, in a host country. It is doubtful that Bankok's consulate operates much differently than another consulate, except where there was higher risk of violating immigration law, but it is doubtful that they deviate much, through local standard operating procedures. That is why I made the comment who cares if something is listed as a bar or restaurant, when working in either is legal in the USA?. What is more important, would be dates of employment and job description verified through an official call to the business. That is why I asked about a letter from her employer stating dates of employment, and a simple job description, would help, given remoteness, in relation to Bogota? If its a data base check, then why go through the trouble and have an employer write up a letter? However, if its more investigatory, it would seem beneficial. If an agency has a back log of files, anything to move the process along would be helpful. Since a lot of the migration issues, and visitor visa issues came up was after 911, it would be quite logical to consider that is what they would be focused on, but not being through this whole K-1 process before 911 (navigated the CR-1process without problems), I figure the more information the better. When something here can take hours or a couple of days, it can tack on months in developing nations, simply not knowing where to get it. ... out of curiosity, we were interested so we can plan for the long haul through an AP, or if its a quick and dirty data base check for criminal and terrorist ties? Even prostitution is hard to prove, unless its a legal business in the host country and records are kept, but in countries where it is illegal, then it becomes illicit and a negative response on an application would be hard to prove. Silence would become the beneficiary's best friend. However, as the beneficiary, it would be an issue if they listed unemployed for 5 years, because the first thought would be, " how does this person support them self?" It is doubtful that a host country would allow the US government to access its tax records for employment checks, or any other domestic and civil matter, for that matter, if there is no criminal complaint, just to satisfy its application process for visa issuance. That is why countries have Sovereignty laws, where they don't subjugate its citizens to another country's rule of law; that view of thinking left with the waning dominance of a colonization. If the host country has mutual need for information, then it is granted, If it is beneficial to the host country, as is the case of terrorism, they would disclose it right away. if not Then one has to look at treaties, like tax treaties, for specific issues. If there is no specific treaty, then you wait for consulate staff to visit the employer. The employer chooses to disclose or not disclose.I

That is the long winded answer, why ask this question.

Then, may i ask, why do we have to go to Primera Notary to get a copy of her long form birth certificate? Its because that is the notary which it was recorded. The Notaries have shelves of books with these records. Mexico is not Colombia, which is not the USA.

Honestly, you make things are seem difficult than they actually are. There are specific questions on DS-160 ask they ask to a beneficiary. Some of them are," do you involve communist party?", do you engage prostitution or human trafficking?", " do you have communicable disease?". These information are needed and if the immigration found out someone lied about this I am absolutely sure the US government will remove and banned this person come to the US.

If your fiancée does not involved in any such activities, if I were you, I wouldn't sweat over small things. I know you are nervous about this whole process. But remember, you are not the only person have been through this so far and definitely it is not the last one. I have seen many Colombians here got approved. My advise is try to ask them about this whole things since they knew the right way for the process in Colombia. Just my two cents.

Know your enemy and know yourself and you can fight a hundred battles without disaster.Strategy without tactics is the slowest route to victory. Tactics without strategy is the noise before defeat

- Sun Tzu-

It doesn't matter how slow you go as long as you don't stop

-Confucius-

 

-I am the beneficiary and my post is not reflecting my petitioner's point of views-

 

                                       Lifting Condition (I-751)

 

*Mailed I-751 package (06/21/2017) to CSC

*NOA-1 date (06/23/2017)

*NOA-1 received (06/28/2017)

*Check cashed (06/27/2017)

*Biometric Received (07/10/2017)

*Biometric Appointment (07/20/2017)

 

 

 

 

 

 

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Filed: K-1 Visa Country: Colombia
Timeline

This its so wrong.

The notary do not have the last word about the signature or content of an official document. I know this because im a lawyer in my country, and I know very well that USA, Colombia and México are part of the Hague convention that abolished the requirement for legalization of foreign public documents. That means that any legal document must be certified by a public authority of the country that issue it (i.e birth certificate, cedula, etc) and even the sign of the notary need be certified by an apostille issued by the federal government.

What its an apostille? Apostilles authenticate the seals and signatures of officials on public documents such as birth certificates, notarials, court orders, or any other document issued by a public authority, so that they can be recognized in foreign countries that are parties to the Convention as USA, Colombia and México.

Its a fact that USCIS dont require the apostille in the process, but its a fact too that use it save a lot of background checks or AP because the content of the document its 100% real and legal, lets face it, some people gets even RFE for birth certificates or any other legal document when those arent clear or too much old, or create doubts in the adjuticator.

For more information about it, here I post the links:

http://travel.state.gov/content/travel/english/legal-considerations/judicial/authentication-of-documents/notarial-and-authentication-apostille.html

http://www.cancilleria.gov.co/en/procedures_services/apostille_legalization/apostille_requirements

No where in there did I say the notary attests to the content of the document. They attest to the authenticity of the signature. If they didn't, why sign anything in front of a notary? And yes, to have any thing notarized, you do have to present some sort of ID card, like a CEDULA ,before a notary, to get it notarized. The person signing the letter or document attest to the content. This holds in Colombia also, for domestically used documents. if the document crosses international boundaries, the country requiring the document can require it to have an apostille to vouch for the content and the authenticity of signature of the notary.

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Filed: K-1 Visa Country: Colombia
Timeline

Honestly, you make things are seem difficult than they actually are. There are specific questions on DS-160 ask they ask to a beneficiary. Some of them are," do you involve communist party?", do you engage prostitution or human trafficking?", " do you have communicable disease?". These information are needed and if the immigration found out someone lied about this I am absolutely sure the US government will remove and banned this person come to the US.

If your fiancée does not involved in any such activities, if I were you, I wouldn't sweat over small things. I know you are nervous about this whole process. But remember, you are not the only person have been through this so far and definitely it is not the last one. I have seen many Colombians here got approved. My advise is try to ask them about this whole things since they knew the right way for the process in Colombia. Just my two cents.

I appreciate the input. I am just trying to navigate this like everybody else. Interestingly, reading through the reviews of the consulate in Bogota, it seems like a pretty reasonable and straight forward process there, and not much of an issue navigating through there.. yes i am probably making it too hard. I work for the feds, and we get bogged down in stuff sometimes, until somebody speaks up and says, "if its not a material issue, don't worry about it." and then we define material, such as what form, and the completeness of information requested .. So, yes, the bureaucracy, looking at it from a different angle, is a bit overwhelming.. I am sure, as information starts to flow, it will smooth out in my mind.

Thanks for the perspective, I appreciate it.

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Filed: Citizen (apr) Country: Mexico
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No where in there did I say the notary attests to the content of the document. They attest to the authenticity of the signature. If they didn't, why sign anything in front of a notary? And yes, to have any thing notarized, you do have to present some sort of ID card, like a CEDULA ,before a notary, to get it notarized. The person signing the letter or document attest to the content. This holds in Colombia also, for domestically used documents. if the document crosses international boundaries, the country requiring the document can require it to have an apostille to vouch for the content and the authenticity of signature of the notary.

Im gonna explain you why you are wrong.

It's obvious that you are confused. The civil law in latin america have strong similarities, you can say that Colombia is not México but the law of both countries have their roots in Roman Law, and the law of USA roots lean in the Common Law (that came from England). That means that exists common process in Colombia and México. The Notary that you are talking (in Colombia) its the government office where certain civil acts are registered like Births, adoptions and death certificates, that office its what we call in México "Registro Civil" (Civil Registry) and thats the reason your fiancée had to go to require a certified copy of her birth certificate. So that means, that the apostille still applies in that kind of document.

So, my statement its the same, you are wrong.

Thats because a notary public (or notary or public notary) is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. Any such act is known as a notarization. The term notary public only refers to common law notaries and should not be confused with civil law notaries.

And that its what you are doing, you are confusing the notary public with the civil law notaries.

Regards.

Edited by M@rita
 

 

May/29/2024 -- N-400 submitted online.

May/29/2024 -- NOA 1 released online.

May/29/2024 -- Biometrics Reuse letter released online. 

Jun/03/2024 -- Received the Biometrics Reuse letter in our mailbox at home.

July/21/2024 -- We got an email with the notice that the N-400 interview was scheduled. 

July 26/2024-- We received the physical letter with the notice that the N-400 interview was scheduled.

Sep/05/2024 -- N-400 Interview (passed!)

Sep/05/2024 -- Oath Ceremony will be scheduled. 

Sep/06/2024 -- We got an email with the notice that the Oath Ceremony was scheduled. 

Sep/17/2024 -- We received the physical letter with the info about the Oath Ceremony. 

Sep/27/2024 -- Oath Ceremony and Certificate of Naturalization issued.  (Journey over!) 

Oct/03/2024 --  We received the physical letter from SSA with the updated SSN card. 

Oct/15/2024 --  We received the physical letter from  NC DMV with my NC Real ID card. 

 

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Filed: K-1 Visa Country: Colombia
Timeline

Im gonna explain you why you are wrong.

It's obvious that you are confused. The civil law in latin america have strong similarities, you can say that Colombia is not México but the law of both countries have their roots in Roman Law, and the law of USA roots lean in the Common Law (that came from England). That means that exists common process in Colombia and México. The Notary that you are talking (in Colombia) its the government office where certain civil acts are registered like Births, adoptions and death certificates, that office its what we call in México "Registro Civil" (Civil Registry) and thats the reason your fiancée had to go to require a certified copy of her birth certificate. So that means, that the apostille still applies in that kind of document.

So, my statement its the same, you are wrong.

Thats because a notary public (or notary or public notary) is a public officer constituted by law to serve the public in non-contentious matters usually concerned with estates, deeds, powers-of-attorney, and foreign and international business. Any such act is known as a notarization. The term notary public only refers to common law notaries and should not be confused with civil law notaries.

And that its what you are doing, you are confusing the notary public with the civil law notaries.

Regards.

Maybe I am confused. When I fiancee and I discussed this, she went to the civil registry in Colombia, and was told she needed to go to the Notary office where the birth was recorded in order to get a copy of the original. Well, that was no easy task because she didn't have a clear copy of it either, and as such, when I go at Christmas, we will travel to city where she was born, to go to the Notary office where it is kept. On the top of the ragged copy she had, was the name of the Notary that which the BC was registered. I googled it, and as such, it was not a government office, but a long established private notary. On their webpage, it addressed how to obtain copies of the original BC. I know the process how the attorney here told me to document any prepared documents, like then intent to marry, and the notary office, in Colombia, notarized hers. It was not an apostille, it was a private notary. I did the same here, with the translation, and I had mine notarized. The immigration attorney here, is quite familiar with Mexico's rule of law, and that of central and south american countries, and where to obtain documents and document their existence, since latin america is about 99% of their practice. He told me exactly how to deal with this, the purpose of the notary, in the eyes, of USCIS and the NVC. I understand the difference between legal systems. I also understand, after being quite familiar with Colombia, over the last 7 years more, the bureaucratic system in which the government operates. Yes, I do understand how Notaries work. I do understand Apostilles, and I do understand the difference of civil registry and the notaries in Colombia. Here we call it the vital statistics office, and it is decentralized to the state level. Private notaries here don't have an office and don't archive documents.

i wasn't asking about all of this, i simply asked a question if there was a way to document her employment, in a manner in which to avoid undue AP time, if in fact it was an issue for the post interview back ground checks, given the remoteness, in relation to Bogota, in city which she lives? If its data base mining, then it doesn't matter, if its investigatory time, then it seems it would carry some weight. Sorry for taking up so much of your time with this..

regards

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Filed: K-3 Visa Country: Thailand
Timeline

Maybe I am confused. When I fiancee and I discussed this, she went to the civil registry in Colombia, and was told she needed to go to the Notary office where the birth was recorded in order to get a copy of the original. Well, that was no easy task because she didn't have a clear copy of it either, and as such, when I go at Christmas, we will travel to city where she was born, to go to the Notary office where it is kept. On the top of the ragged copy she had, was the name of the Notary that which the BC was registered. I googled it, and as such, it was not a government office, but a long established private notary. On their webpage, it addressed how to obtain copies of the original BC. I know the process how the attorney here told me to document any prepared documents, like then intent to marry, and the notary office, in Colombia, notarized hers. It was not an apostille, it was a private notary. I did the same here, with the translation, and I had mine notarized. The immigration attorney here, is quite familiar with Mexico's rule of law, and that of central and south american countries, and where to obtain documents and document their existence, since latin america is about 99% of their practice. He told me exactly how to deal with this, the purpose of the notary, in the eyes, of USCIS and the NVC. I understand the difference between legal systems. I also understand, after being quite familiar with Colombia, over the last 7 years more, the bureaucratic system in which the government operates. Yes, I do understand how Notaries work. I do understand Apostilles, and I do understand the difference of civil registry and the notaries in Colombia. Here we call it the vital statistics office, and it is decentralized to the state level. Private notaries here don't have an office and don't archive documents.

i wasn't asking about all of this, i simply asked a question if there was a way to document her employment, in a manner in which to avoid undue AP time, if in fact it was an issue for the post interview back ground checks, given the remoteness, in relation to Bogota, in city which she lives? If its data base mining, then it doesn't matter, if its investigatory time, then it seems it would carry some weight. Sorry for taking up so much of your time with this..

regards

I believe a lot of this " wind " is blowing in the wrong direction. Your understanding of notaries and when they are required is flawed. The translations for example do not require a notary. Nothing wrong with paying one but there is no reason to do it.

Your actual question is about this womens job. All she has to do is list that job. The embassy isn't going to be concerned about one lonely hairdresser in some remote village.

You have told us in may forms that Colombia isn't Mexico or the USA ect until you have worn the point out even though every person here didn't need you to explain it. Its just more wind.

Accepting the fact that you are correct about the above what makes you so concerned about preparing for an event in a country you say you understand better than most that wont occur? Do you have any info from any source that causes this concern? Members here have said that we don't see this problem in cases from that country.

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