W199

One inadvertent "trick" we did was to get a tourist CFO because we wanted to meet in Canada while waiting for the K1. The tourist CFO was really easy, They said when we get the K-1 visa in hand, all we need to do is to go to their CFO webpage and choose the "update registration" or something option and send them a copy of the VISA. Then they will update the CFO from Canada tourist to the K-1 USA status. No need to re-take the class or anything. But now that they are doing away with the tourist CFO, that is no longer an option. I think it is really terrible that they stopped the tourist CFO, because now you need to bring all the supporting documents when you depart and now at the mercy of the airport immigration officer whether they will offload you and ruin all your plans, tickets, hotel reservations, etc.. At least with the CFO, they let her proceed to Canada after they verified it. And besides you still need the CFO for the K-1 so was nice to get it earlier and out of the way.

Sure, there are fixes that will gladly claim to make you a real CFO certificate, but will really give you a fake one. Then she will be offloaded when trying to board and you will be screwed and lose everything,. You should just follow the email, Cancel the appointment by sending a copy of the passport and confirmation code, and then reschedule after she has the visa on hand,

How did you speak to a human at the NVC, as they have disabled their customer support phone lines to focus on the backkog?

My NOA2 was just after you, and NVC received my case .. so most likely they recevied yours too. Now we just need to wait about week or two for the case number

The purpose of the FBI record was to see what is lurking or "forgotten" in his criminal record and to partially see what USCIS will see so that she can get a step ahead of the expected RFEs to come. Sure enough, the RFE is on the way and they are going to be asking for the court and police records for the arrest. And right, they really just need the court record with the disposition. The problem with this case is we don't know if it was disposed of. There is conflicting info. On one hand the parents said he was just on hold and they decided not to charge him. If that is case, then correct, he needs to get an original/certified document stating that he charges were dropped. All is good .. no problem. On the other hand, if the charges have not been dropped, and it is still under investigation and awaiting formal charges and then waiting for a trial, then you are going to have a big problem if you can't get it disposed of within the time period in the RFE letter, I think 3-4 months. But if you can then no problem again. But it seems unlikely as the courts are usually backed up. The only solution is for him to go to the criminal court house, police, and/or prosecuter and find out if the case is disposed of, or if its still under investgation or what.

HIPPA rules apply to health insurance companies and medical providers to protect your own privacy. Court record privacy rules are different. In anycase, you can usaully get a copy of your own records.

If they are very old then they might even be on microfiche and take a couple of days to get. It would be easiest to just order them by mail. If you go to their webpage they should have a records department page and provide instructions on how to order certified copies. I would recommend that you just call them and ask for instructions and costs for ordering them, and exactly what office to mail them to. You can enclose a pre-paid priority mail return envelope for faster return mailing. And what is critical to get is the "disposition" of the case. They want to make sure the case is not pending or that you are not a wanted criminal with arrest warrants out there. You can also order a copy of your FBI record to see your arrests

Obviously you are not getting a K-1 visa while on bail with a violence against women case pending against you. Depending on the outcome of the case, you may never get it.

My NOA2 was a week before you, and NVC has already received my case (about 14 days). I expect a case number i I could be wrong, but I estimate they will create a case number by 9/22 for me, and 9/29 for you. Lets see.

Hi, The reason why I said you will need the FBI record if you do a CR-1 was under the context of "your protection". Its because of exactly what you said, "that criminal records, except for AWA crimes are not needed". Therefore, he will not be required to get and give you a copy of all his court records. Therefore, for your protection, you should ask for his FBI report under the pretence that it will be helpful to know what is in it when applying. Based on what you said, about the charges being dropped, that is great news. However, for the K-1 interview you should be prepared with a copy of paperwork in case they ask you about it, that shows dispostion (charges are dropped). Being guilty is not a problem for the K-1, you just can't have it pending and the embassy wants to be sure you are well informed. You should probably take a few days rest to calm down before discussing all this with him, so you not so emotionally influenced by everyone's replies.

If the records came up in the criminal court as opposed to the family and probate court, then it sounds like it is more than "mental health records", .e.g. not just "medicaL" .. and it likely could be reflected on his FBI record. But you will know soon enough if/when you get a USCIS RFE. And regarding his drug arrest. They don't just arrest you, charge you, and hold you for several days and then simply let you go. If they just let him go, then the charges would have had to been dropped, and he would have been very clearly informed of that. Most likely he appeared before a Judge for the arraingment or for getting the charges dropped. And likely he would have a lawyer, or have been appointment a public defender that would have informed him that the charges are dropped, etc.. It sounds like either he and his family are either totally ignorant, or they are trying to hide something from you. You need to get a copy of certified court and police papers for the interview. If the embassy finds out, you won't get a K-1 without them, as well the "mental health" records, and his FBI record (especially if you choose a CR-1). But like I said before, marrying someone with past mental illness issues, and has active and unresolved criminal drug drug issues probably won't end well. But this is your decision that we all respect .. just go into well informed and get all the above records. Getting the CR-1 is going to protect you as they said before, but on the other hand, you will now be married to someone with drug issues, mental health issues, and may even be in jail by the time the CR-1 gets issued. And living away for 2 years married in this kind of relationship is hard.

You might be able to go online to the criminal court house that has jurisdiction for his case, and search his name to get some basic info.

This is the link to request his FBI record. https://www.fbi.gov/how-we-can-help-you/more-fbi-services-and-information/identity-history-summary-checks#FBI-Approved-Channeler Using the "FBI-approved channeler" option is the fastest option, and will only take 1 or maybe 2 days in my experience. Its probably too soon for the new charge to appear.

HI Then you will need the court papers that specify the charges were dropped or whatever the case disposition turns out to be. It just can't be pending. He can request his FBI record. If he does it online and through a 3rd party that sends his fingerprints online, then it only takes about 1 day to get it. Its very fast. The FBI has instructions and lists the places to get the fingerprints on their webpage. This will reveal all the standard arrests records, but it not may not reveal everything in the FBI record such as expunged records which the USCIS can still see. Given your case is taking longer than most to process, there might be other complexities in your case they are investigating. If they deny it, then you could just consider a CR-1 spousal visa. It shouldn't be much longer before you hear back. My NOA1 was at the end of August 2022, but they processed my case a month ago as well as 84% of all August 2022 cases as of today

You should wait for an RFE. If the mental health records were not part of an arrest record and/or getting finger printed, then you most likely will be fine. At the embassy level, they may ask to see the criminal records. If the drug case is still pending in court, e.g. there is no disposition, then you probably will have a problem getting approved at the embassy and USCIS level. Any idea how long it will be before the trial and sentencing? Since you asked for advice, marrying someone with mental health issues and has unresolved active criminal drug problems is a huge red flag for getting married.

My approval date matched my notice date of August 2023 and had a correct expiration date of 4 months later. However, the valid FROM date started from May, 3 months earlier than the approval date. lol. This shows they do make typos. To reduce the stress, you should just assume your NVC clock starts 8/28. And then be excited if the case happens to arrive early.

Sometimes how you met her and all the circumstances can have subtle affects on the decisions and what you'll need to get approved . If you do not mind sharing, strictly upto you since this is a very personal question, can you tell us a bit how you met her, age diferences, and how you got engaged without ever meeting her, and your prior experience in meeting Thai girls, and so forth? For example, did some buddy at work suggest using the Thai dating app, and then you fell in love after chatting, got enaged, and then went to Thailand for the very first time? Or are you an experienced traveler, and met her while on vacation or on business, etc etc... ?

Seems reasonable to me. The CR-1 visa requires the the couples to prove their marriage is real and can not be annuled. Having a marriage that can potentially in some places be annulled because you haven't or are unable to consumate it isn't strong proof. I think they are being quite generous, relaxed, and probably avoiding lawsuits by only requiring you to be in the same presence together, and to "assume" you really did consumate it. To play devils advocate, I think it is more of a fraud prevention rule. People constantly do all sorts of immigration scams.

In fact, there are delays at the Philippines embassies now due to so many people now doing Utah zoom marriages and getting them registered .. Its quite popular and no issues with immigration if you pay attention to what everyone keeps telling you here.

As I said, an approximate date is fine, but you could for the heck of it, put in a FOIA request at https://www.uscis.gov/records/request-records-through-the-freedom-of-information-act-or-privacy-act to try to get it if you were curious. It may not work, but it is free and easy to do. It only has been taking me 1-2 weeks to get replies including searching me in their databases. But to be successful, limit your request to only your info, or they will deny it if it would involve releasing 3rd party info. For example, "Please send me all my receipt numbers for any I-129F applications that I submitted" Try to provide the exact name and address that you had placed on the I-129F.". Uploading a certified or a letter signed under the penalties of perjury that you are who you are seeking" may help. They denied my request for my old I-129F record because they said it would include private 3rd party info. But when I complained, they said the real reason was that it was so old that it was merged with the beneficiary's immigration record, and I would need to make a new request for the beneficiary's record with their permission, etc..

And actually, not only did they find that I-129F with my approximate date but they found a 2nd approved i-129F from 30 years ago that I had completely forgotten about because it was a very short relationship 30 years that I broke it off before it got approved and before she had her visa appointment at the embassy.. But I neglected to withdraw it No big deal, yhe they sent me a RFIE with the 2 receipt numbers and asking me to apply for an IMBRA filing limitation waiver. After they received the waiver, they approved my case in less than a week.

Yes, an approximate date is fine. Thats what I did. Once you check that box saying you had a previous K1, they are just going to search there systems to validate that you didn't have more than 1 previous approved I-129F partitions.

Just be prepared to answer their questions about your trip, gifts, weapons, tear gas, (they asked me all those)... I have been driving back and forth across the border, to rendezvous with my fiancee there while waiting for the K-1. As a USC driving my own car, etc.. I was really shocked at how many probing questions they kept asking me in both directions. All the other cars seemed to be there for a while due to with many questions. Oh, after my 5th or so trip, they finally calmed down and just asked me a couple of normal questions and let me pass. My fiancee also said whe she arrived on her toursit visa, there was a huge line at secondary for first time visitors, about 4 hours wait, and most of the people got sent back (Nigeria, India, Pakistan, etc..) including one guy in a wheelchair and the 2 people he was with because they said they were his sons, and CBP replied that it was an obvious lie

Canada has a tool to find out what you need, here https://www.cic.gc.ca/english/visit/visas.asp I just ran it for a LPR with a passport from South Africa, and it said you just need passport and GC. Not sure about the N400 ..

Excellent point! But for this case, I wouldn't be surprised if she'll end up with a 10 year GC either way ... 😅