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Everything posted by Dan and Akari
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I appreciate your response; however, I find the inconsistencies regarding this issue amongst different consulates a bit confusing. I read other posts that reference something similar meaning their consulate allowed them to interview and then wait for results of the medical. The only reason I can think of for a consulate’s requirement to reschedule would be case volume, and I can’t imagine that Bangkok has that high of a volume of interview candidates compared to staff to conduct interviews. I am just shooting in the dark now because we are desperate for some encouraging news from this setback.
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Can you please clarify your response? We would love to keep our interview date so we will hold off on canceling the interview, but, unless I am missing something, the instructions I referenced above seem pretty clear that I need to reschedule until after “ongoing” ( ie the sputum) tests are complete. We would love to hear/see anything that contradicts this.
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We are going based on language here: https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/BNK-Bangkok.html that says: ”If your medical examination report will not be completed by the time of your interview (due to ongoing testing, treatment, or other reason), it must be rescheduled until you receive your completed medical examination report. You can contact visasbkk@state.gov to reschedule your visa interview.
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As you can infer from the title of my post, my wife had her medical yesterday morning at the Nursing Home in Bangkok, and the chest x-ray showed minor scarring in the upper right lobe of her lung. Off to the sputum test we go to confirm she is clear of TB. Words can not describe the disappointment, grief, and myriad other emotions that accompanied this news a mere 30 days before her interview that we are looking at a minimum of 8-10 weeks delay. Emailing today to re-schedule the interview is going to be a grueling task. She has cried a river of tears already. We continue to maintain a positive attitude, but want to prepare ourselves for what this detour looks like. Consequently, we plan to schedule an appointment with a private physician to confirm the x-ray results, and if confirmed, hopefully find a test that provides results faster than 8-10 weeks. I know the panel physician will not use the results of an outside physician to modify her diagnosis and recommendation, and I know the second opinion is our personal decision. We just want to get an idea whether we should be setting ourselves up for a 2 month delay or an 8 month delay if she needs treatment. I'm hoping someone else can chime in with their experience in navigating this hurdle. Do we go ahead and try to schedule another interview in say, 11 weeks in the event the sputum test is negative? Are we required to wait until we get the results to re-schedule? Instructions for Bangkok embassy simply say that if we will not have the medical completed prior to the interview that we need to re-schedule the interview. Feeling a bit overwhelmed at the moment.
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I realize it is a difficult process being away from your spouse, but try not to concentrate on the published numbers too much because as stated they are unreliable. Focus on the positive that you’ll get an answer soon. I also would like to invite you to join the other August 2023 filers. Sometimes it’s beneficial to get feedback from people who are in the same place in the queue as you.
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I know. Consequently I rearranged my travel plans so I am not leaving today for Thailand. I will stay in the states until I have the necessary documents. We’ve done this throughout the process and it has paid dividends. I’d rather have it and not need it then need it and not have it. Thanks again for your insight.
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The problem is that I don’t have a certified copy of the marriage certificate from my previous marriage and I am in Thailand helping my wife prepare everything for her medical, interview, and moving out of our condo. I believe the courthouse has e-certified documents they can send me via email, but I don’t know if w-certified documents are acceptable. I asked another member of VJ who was just approved in Thailand if he had to produce this document.
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Here is the image that was attached to the email and provides additional information. In particular, pay attention to the text in the lower right corner below bullet point 11. In my opinion this email is used to send instructions sent to applicants of multiple visa types and the language about uploading marriage and divorce certificates is a blanket statement. The attached image provides more clarity on who needs what document(s).
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Here is the full email. Again following the link at the bottom embedded in the red text, you are taken to a page where you can open English instructions that only reference needing a certified divorce decree for CR1 visas. this appears to be an email sent for different types of immigrant visas. Dear Applicant, Your immigrant visa interview appointment date has been scheduled on 20-MAY-2024, at 09:00 A.M. Prior to your interview, you must scan and upload the following documents into the Consular Electronic Application Center (CEAC) website by accessing the following link: https://ceac.state.gov/IV/Login.aspx Petitioner’s heading - All previous marriage and divorce certificate (if any). Applicant’s heading - All previous marriage and divorce certificate (if any). - Results of medical examination All civil document(s) which do not come in English, must be submitted with certified English translation from an accredited translation firm. All documents must be uploaded under appropriate heading on CEAC dropdown menu and must be uploaded in the same file. Your documents may be rejected if uploaded under incorrect heading or in separate files. You MUST bring all originals of required documents to your visa interview. All original documents, excluding your passport, will be returned to you after the interview. REMARKS: You must review The DOCUMENT CHECKLIST on this link: https://th.usembassy.gov/visas/immigrant-visas/packets/ before coming for visa interview. Failure to bring the required documents and their originals, may result in cancellation of your visa interview and you will be asked to reschedule at a later time.
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What was your specific scenario? My last post showed additional detail that the marriage certificate is not for spouse visa. Were you required to have the certified marriage certificate for a spouse visa? This would be the first I have ever seen or heard of this requirement for a spouse visa. Literally every other instruction I have seen for CR1 only references certified divorce decree.
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Precisely my thought, but as you can imagine, at this stage we are getting anxious that we have everything buttoned up. After further research,(and seeing the image they attached to the email), I see the following language which clarifies the blanket statement about marriage AND divorce certificates. We are all lumped into the same category for this email. Petitioner's divorce certificate (s) of every prior marriage (s) for Spouse visa (IR1, CR1, and F2A) • Petitioner and biological parent's marriage and divorce certificate (s) of every prior marriage (s) for Stepchild visa (IR2, CR2, and F2) • Petitioner's birth crtificate for Parent visa (IR5) and Sibling visa (F4 Appreciate the quick reply and Jeopardy reference.
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Received an email with instructions for my wife's interview next month in Bangkok. I am a bit confused/stressed because the email states: Prior to your interview, you must scan and upload the following documents into the Consular Electronic Application Center (CEAC) website by accessing the following link: https://ceac.state.gov/IV/Login.aspx Petitioner’s heading - All previous marriage and divorce certificate (if any). I've never been asked for the marriage certificate from my pervious marriage. In every other document I have read about this process, I am only required to provide a certified copy of my final divorce decree, but reading the above language literally it says "AND". Even clicking this link https://th.usembassy.gov/visas/immigrant-visas/packets/ later in the email takes you another link to a document with specific instructions for the Thai embassy and it says: "If you are applying for an IR1, CR1, or F2A visa as the spouse of a U.S. citizen or Lawful Permanent Resident and your petitioning spouse was previously married, then you must submit the following documents to prove the current marriage is valid: ▪ Evidence of the termination of EVERY prior marriage your petitioning spouse has had. This evidence must be an original or certified copy of one of the following documents: FINAL legal divorce decree, death certificate, or annulment papers." No mention of marriage certificate from prior marriage. SO...is my previous marriage certificate required or is this another example of confusing language?
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Needed a certified copy of my first marriage divorce decree for my wife to take to her interview in Thailand next month so I went to the courthouse, paid my $6 for 2 copies and when she asked if I wanted a receipt I said I will take it just as backup for immigration. She then said oh, if this is for immigration you need additional authentication if you are taking the document out of the country. First from my local Secretary of State and then by the US SOS. This is the first time I am hearing about any additional authentication. Did I make a major blunder or is this not relevant to our case? I see where adoption cases require apostille but not spouse visas. I see nothing referencing this requirement on the Thailand embassy instructions.
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May 2023 Filers I-130
Dan and Akari replied to LennyO's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
Congratulations!! FYI, once we submitted everything to NVC things moved fairly quickly here in Bangkok. Hope it goes fast for you guys also. -
I agree that it seems strange that less than a handful of couples have posted as August 2023 filers. I find it very beneficial to get information from others in a situation similar to ours. Yes, the wait is stressful to say the least. We have been fortunate because our I-130 was approved January 25. We just submitted everything to NVC on March 11th and received DQ notification March 15. I think it is taking about 4 months on average to get an interview date in Bangkok. Hoping to get that letter soon. Keep the positive energy and your number will come up sooner than you think.
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After we got engaged my wife applied for a B1 visa and was denied. She was honest and said she wanted to visit for 3 weeks to meet my family. Officer quickly denied the visa request and told her to file K1. Fast forward to being at NVC for our CR1 visa and The DS-260 asks "Have you ever been refused a US visa....?" to which she answered "yes" Per the instruction for the Bangkok Embassy, for the interview you must bring, among other things: Immigration Records (If any): Applicants who have been denied admission to the United States, ...must submit all relevant documentation." First, I don't believe being "denied admission" is the same as a "refused a visa" but I want to clarify. Second, if the two are synonymous, for relevant documentation, I don't recall her getting anything from that refusal that we could bring to the interview.
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I-130 Timing Concerns
Dan and Akari replied to btravels's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
For the K3, we received a receipt notification, and I added it to our profile on the USCIS app on my phone so I could track progress. Unfortunately we never received any updates on the K3 until the I-130 petition was approved, and then the K3 status changed to "Case Closed Benefit Received By Other Means". -
I-130 Timing Concerns
Dan and Akari replied to btravels's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I truly hope that it does speed things up for you and your wife. Simply managing a long distance relationship is challenging enough. Add into the mix the many variables to consider when navigating the immigration process, and the uncertainty of when things will happen exacerbates the challenge. We really empathize with you because my wife is from Myanmar and with the civil unrest I was not comfortable with her staying there for the potential 24 month wait to get approved and get an appointment in Yangon. Consequently, we decided for her to move to Bangkok on an education visa which is only good for one year. Add to that a condo lease that is only good for one year, and the stress level seems to escalate almost exponentially. What if we don't get approved until after her ED visa expires? What other options do we have? Will we need to renew the condo, and on and on. I hope everything processes smoothly and quickly. We were also at the Potomac SC for our I-130. Not that that has any bearing, but one can always hope. -
Wanting to confirm I am uploading all the required civil documents for Thailand with my wife's DS-260 so we can hopefully avoid an RFE. Instructions on CEAC page where I upload files says: "Your country of origin and/or the U.S Embassy or Consulate you are visiting may require that you upload additional documents for review. You will be able to find country specific documents in the “Where to obtain documents” link" When I click the link, it takes me to this site where I can select Thailand which only lists reciprocity and documents for non-immigrant visas. https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country.html Per the document upload page on CEAC's site, she is required to upload, and we have uploaded: 1. Passport bio page 2. Passport photos 3. Birth Certificate (along with translated version) 4. Marriage Certificate (and translated version) 5. Myanmar Police Certificate (and translated version) 6. Thai Police Certificate which they supplied in English which is accepted by the embassy I also read here https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/step-5-collect-financial-evidence-and-other-supporting-documents/step-7-collect-civil-documents.html That I need to upload copies of my final divorce decree which I uploaded under "other documents" on CEAC, but this isn't Thailand-specific. Am I missing any additional civil documents required by Thailand specifically for CR1 immigrant visa?
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I-130 Timing Concerns
Dan and Akari replied to btravels's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I would also suggest filing a K3 as soon as possible. It doesn’t cost anything and may speed up the USCIS phase, but you need to file it as soon as possible after filing the I-130. Many naysayers will tell you not to waste your time because you will not be issued a K3 visa which I agree with, but I am convinced it helped us get through the USCIS phase in half the current average time. -
I-130 Timing Concerns
Dan and Akari replied to btravels's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
Welcome to VJ. First, expect the entire process to take more like 14-18 months. Others will probably tell you 18-24 months, but I am optimistic. It took us 6 months just to get the I-130 approved and we were lucky because it looks to be averaging 11-12 months just for USCIS to approve the petition. Then you have the NVC stage which can vary from the time your case arrives at NVC until your wife gets an interview depending on the beneficiary’s country. My wife lives in Thailand and we’re expecting NVC to interview time to be 4-6 months based on trends and if all goes smoothly with no RFEs. Here is the first thread on this forum page that discusses traveling to the United States on a visitor visa while awaiting the entire CR-1 process. She needs to have strong ties in Japan (job, own a home, etc)that would convince immigration that she is going to return to Japan when her visa expires, and she isn’t going to visit the United States with the intention of adjusting status. The fact that she has visited before and returned to Japan might help, but all that happened before she showed her intent to immigrate which is what she is saying by filing the I-130. The fact that she will be unemployed and no apartment does not help your case unfortunately. Trying “other” ways to get her to the US, even if your true intention is for her just to visit will more than likely be viewed by immigration as you trying to skip the line by getting your wife to the US to adjust status here. Too many people have gamed the system, made immigration wary of these tactics, and has given them, in my opinion, the position that you are guilty until proven innocent. Everyone here empathizes with you and your wife being apart. Unfortunately, immigrating legally is time consuming and, for many people, expensive. -
I-864 tax question (Merged)
Dan and Akari replied to Dan and Akari's topic in IR-1 / CR-1 Spouse Visa Process & Procedures
I'm wrestling with what years to submit tax returns to accompany my AOS. Looking for suggestions. I know that I am only required to submit the most recent year's return, which is 2022 at this point since 2023 is not due until April 15. I am not delaying completing and submitting my 2023 return to the IRS, but I have 2 options on which years to include so I don't necessarily need to submit my 2023 return. Background: I sold my business in 2016, worked for the acquiring company for 4 1/2 years and in November 2020 embarked on a what I planned as a 3 year sabbatical from corporate America. At the time I was married to my ex. We filed Married Filing Jointly for 2021 and 2022 during which time I had no income; however, my ex wife's income was reported on our taxes for 2021, 2022 so those returns reflect "total income" which is above the 125% threshold. I also have more than enough liquid assets to exceed the 125% poverty line threshold; however, I have read stories here of people who relied on assets only to be asked for "income". Consequently, I returned to the US from Thailand in September and landed a job doing exactly what I did in my own business in anticipation of needing to show income. This job also generates significantly income than is required. Scenario 1 I simply submit only the most recent tax year transcript (2022) knowing that it is a MFJ return and none of the income generated was mine, but the transcript doesn't break out whose income makes up the total income number. I have the 2022 transcript in hand and NVC prefers transcripts. I would also include optional asset evidence: Investment statements, bank statements, offer letter for current job, pay stub from current job, etc. just to reinforce I have the means to support my wife. Scenario 2 I submit my completed 2023 tax return because it shows my income exclusively. The problem is that I am waiting on a 1099-DIV to complete the return. The investment company has until March 15 to get me the 1099, so I would have to wait another 3, almost 4 weeks for that information, and then submit my return with my W2 and all 1099's to NVC knowing that submitting a return versus a transcript may introduce unnecessary delays or questions. Will I be OK submitting just the 2022 transcript because it would be more expeditious and I could submit my I-864 and all supporting evidence literally today? Or wait almost a month and submit my 2023 return because it reflects my W2 income for 2023?