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Everything posted by Dan and Akari
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August 2023 | I-130 Filers
Dan and Akari replied to cinja144's topic in Bringing Family Members of US Citizens to America
Filed online for my wife and received NOA1 same day, August 2,2023. We had previously filed K1 in May 2023…long story. Sent letter to withdraw K1 at the beginning of September. Received notification on September 21 that “Case is being actively reviewed “ for our I-130. MyProgress at the time said four weeks, then moved to three, two, one and then “Your case is taking longer than expected “ Received notice of K1 withdrawal on September 27. Filed I-129f for K3 early October. Received notification of receipt of K3 a couple weeks ago. We are committed to maintaining a positive attitude to get us through this process and we do a lot of research to try to stay one step ahead. My wife is now looking for a clinic to update her vaccinations (she is from Myanmar and has no record of vaccinations), get a proactive chest x-ray, and I am gathering all the financial information needed. Wishing everyone lots of luck…and patience. -
We filed our K3 petition and accompanying G-1145 a couple weeks ago. Wednesday I received a text notification from USCIS acknowledging receipt of the petition and informing me the I797C is forthcoming in the mail. However, when I login to USCIS to check my cases, this K3 petition is not showing in my list of cases. I see our original K1 petition with a status of "withdrawal acknowledgement notice was sent" from our withdrawal letter I sent and I see our current CR1 petition with a status of "Case is being actively reviewed by USCIS". But no K3. Is this normal? I sent a copy of the I-797C from our I-130 for spouse as required with the I-129F for the K3 so I would assume that they know the K3 is associated with this petition.
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I need help (merged)
Dan and Akari replied to kaycome's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
We filed early August. We have not made it to NOA2 yet. My progress on USCIS is 2 weeks… -
I need help (merged)
Dan and Akari replied to kaycome's topic in IR-1 / CR-1 Spouse Visa Case Filing and Progress Reports
I had the exact same thing entered on my online I-130 in 46A: "UN". Someone else from Thailand posted back in August asking what to do because they checked both beneficiary was in US and would adjust status and beneficiary would go to foreign consulate. At the time I thought it best to double check my form. I did not check that my wife would adjust in the US, but I noticed the "UN" in 46a. I posted here and was assured this was probably a glitch in the online form. Now I am concerned that we may run into the same issue with our petition. I am anxious to hear how your case turns out. https://www.visajourney.com/forums/topic/806770-responses-recorded-on-i-130-from-online-application/#comment-10886793 -
Follow the form's instructions. I would not suggest "skipping" any question on any documents in this process, especially the actual petition to initiate the process. The forms have many sections that don't necessarily make sense from a layperson's perspective, but the information is being requested for a reason. Regardless of how ridiculous it seems to send this information (this is me speaking for myself. I thought this section made no sense), I recommend completing every section of every form unless the form or the form's instructions say something like "if" you answered a section with a specific response, then complete the following section. I don't recall anything on the online I-130 that says "if" you did "X" then you don't need to complete the section on the spouse in their native language.
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We are going to file an I-129f for a K3 visa. I realize that they are a thing of the past, but as many have attested to, there may be a correlation to filing a K3 and getting expedited processing for our CR1. Again, we are exploring all available legal avenues to try to expedite the process to get my wife to the US. My question is: what do I need to send with the I-129f petition? Instructions for K3 on VJ state to include: - I-130 transfer notice (if applicable) - I-129f completed for K3 - 1 passport photo of USC - 1 passport photo of beneficiarry - NOA1 from I-130 petition - Marriage certificate (translated into English also) - cover letter I have seen some other visa sites say we need to send biometrics, medical exam, police reports, DS-160, etc. USCIS site says to bring things like medical exam and police reports to interview but no mention of sending them with the petition. Looking for some clarification.
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I had an issue where the online application was giving me an error that certain files could not be uploaded even though I had successfully uploaded other files the day before. I know this error message is not the issue you are experiencing, but you can always try what worked for me to see if it fixes the problem. At this point you have nothing to lose by trying. I found a post on Reddit that suggested giving the file a simple name like DocA or Doc1. I was a bit skeptical because I had already successfully uploaded files with names like “Marriage Certificate” and “travel journal”, but sure enough, when I renamed the files I was have trouble with to DocA, DocB, etc, they loaded and saved just fine. Best of luck. I know it is frustrating when things like this happen on such an important task.
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That’s what I thought as well. And yes, the previous address has a start and end date. I was more concerned about question 46 on which I know I answered “no” and the subsequent “UN” entry for 46a. That one definitely seems glitchy because I know I checked “no” because she has never been to the US and had I checked “yes” I would have had to complete 46a-d which I know I didn’t. I feel confident that we are all good.
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After reading @Ryan & Rachaya's story about potentially having to start over, I figured I should check our I-130 to see if anything stood out that I may need to potentially fix now since we are so early in the process. I went over the form so many times that I was confident everything was kosher, but figured I would check for the 100th time to be sure. 1. On my current address, I know that I entered a start date of 01/01/2023 and for the end date I used the date I submitted the form, but the date fields are showing blank on the submitted form. Is this OK since it is my current address and I provided the remaining addresses for the past 5 years of required address history? 2. question 46 "Was the beneficiary EVER in the United States?" I clearly checked "NO" because the form shows a check box on "No"; however, on question 46a "He or She arrived as a" : there a value of UN. Again, is this normal?
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I found a couple threads on Reddit that suggested renaming the files to something simple like Doc 1, Doc A, etc. Tried that and it worked...at least it worked on the online I-130 form.
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Agreed that this is a little frustrating but things happen. I was able to login just now and the error message in my post above is gone. Unfortunately, I am still getting the error Not sure what to do at this point. If I can't get the files uploaded today I guess I will start printing everything and mail our application.
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We are 80% finished completing our I-130 online. Just wrapping up the final proof of marriage docs. I logged in this afternoon to attach the files in the relevant spots and I received the error: Unable to upload your documents. Please try again later. I chalked it up to higher than normal traffic or some other tech phenomena that should not be cause for panic. Just tried to login again and was unable. Waited an hour, tried again and was able to login but received this error and I am still unable to upload files. Anyone else experiencing this?
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We appreciate everyone's comments. We traveled to Myanmar last week and signed the marriage certificate, documented the event with photos, and took several photos post signing for evidence. I am in the process of compiling all the evidence to submit with the I-130 and I have a question. I am sure that I am overthinking this, but again my experience working with the government is to ensure I have all my bases covered to eliminate any confusion and more importantly to thwart any delays. Is there any issue with resizing documents to fit more on one page? Please see attached example. I am trying to make it easy for whomever is reviewing this evidence to follow i.e. traveled on this date, here is the visa for that date, here are flight receipts for that date, etc. Then move to the next visit, rinse and repeat. Travel Log to visit beneficiary v2.pdf
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I appreciate everyone’s feedback. To clarify: 1. Based on recommendations/feedback on this forum, we have decided to cancel K1 and pursue CR1 for the long term benefit of CR1 filing and to avoid any misinterpretation of our “engagement ceremony” in Myanmar being construed as “too married”. We are only losing 3 months filing CR1 now. Not thrilled about losing precious time, but better to lose 3 months than potentially lose another 12 months if K1 is denied. 2. We have also decided to marry in Myanmar for a couple reasons. First, signing in Myanmar enables us to get papers confirming joint ownership of a house in Myanmar a well as a joint bank account. Second, marriage in Myanmar is recognized by both Myanmar and the US. Finally, nothing is more important to us than family. I have been showered with kindness and have been treated like family since day 1. We live in Thailand so going to Myanmar to celebrate this with her family is important. We have been in daily discussions with lawyers, notaries and various other parties to get everything lined up for as smooth a process as possible. Once we have all the necessary documents I plan on filing online unless I get a compelling contraindication to filing online. 3. Finally, we have decided that I will work here in Thailand for at least 6 months since she lives in Thailand currently and we plan on staying in Thailand so she can interview at the Bangkok embassy. This enables us to first and foremost be together during a big chunk of the process while simultaneously building evidence that we live together. After 6 months we will re-evaluate me seeking employment in the US. I know my assets are sufficient to prove means of financial support, but we have discussed the topic of me getting a job in the US just so I can have pay stubs to provide as additional evidence to bolster our case.
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@pushbrkthank you very much for your response. I have read many of your posts in other threads and I like your straightforward informative comments. My follow up question would be where can I find information on what steps I can take to ensure my evidence of support based on liquid assets is “submitted and documented correctly “? I realize that there are no guarantees in anyone’s case. Variables ranging from NVC reviewers to inconsistencies amongst consulates and even COs within the consulates are a harsh reality of the process. I am not Chicken Little by any means: actually quite the opposite. I take all the opinions and advice given and then weigh my options. Consequently, if my assets are more than sufficient (as attested to by my aforementioned, now terminated, immigration attorney) but some W2 income pushes our case in the direction of “beyond a reasonable doubt” in the eyes of the person reviewing our evidence, I would tend to lean towards the option providing the extra support to keep our journey closest to the critical path of an expeditious approval.
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I think we have a solid plan for spouse beneficiary to stay in Thailand on an ED visa for 12 months after we submit our new CR-1 at the end of this month. In the spirit of trying to stay one step ahead of the process, I am now thinking about evidence we will be required to submit next, specifically evidence of domicile and financial support. Domicile is relatively easy. It's the financial piece that has my attention. To recap, I sold my business in 2016, worked until November 2020 and took an early retirement at age 53. Consequently, I have had no "income" for the last 3 tax years, 2021, 2022, or 2023 (actually I do have capital gains this year of around $150K, but that is not income from "employment"; however it is cash in the bank). I set aside a portion of the business sale proceeds to use to bridge the gap between the day I quit and the day I am eligible to draw SS. Therefore, I have a comfortable asset portfolio (cash and investments) which I can use as evidence of support. However, after researching online, mostly here, I find that even petitioners with comfortable portfolios are being asked to provide additional information regarding support and thereby delaying their process. I am at a juncture where I can return to the US, find a decent job in order to produce an acceptable AGI from filing my 1040 for CY 2023. I am curious to hear people's opinion on this...this being how critical is income versus assets when submitting your evidence on the I-864? Is one year with taxable income out of the last 3 years sufficient if I submit with assets also? I don't want to overthink this, but I want to avoid missteps. Getting a job now is a small sacrifice if it means avoiding further delays.
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Thank you for the thoughtful reply. I hear you. When deciding what to do we ultimately felt it was best to re-file for CR-1 because of the uncertainty of the interpretation of our wording engagement "ceremony". If there is even a small percentage chance that our I-129 lands on the wrong desk and gets rejected or someone familiar with Myanmar law recognizes this as a legitimate marriage, we want to just withdraw the K1 now and re-file the CR1. We are not thrilled about losing 3 months, but in the end I will sacrifice 3 months for what we will gain. No plans on changing embassies unless we are forced to leave Thailand for some reason. A new progressive party has taken the majority in the assembly and formation of the government under the new party is still uncertain as is their stance on immigration. Add to that the growing unrest in Myanmar and we are committed to staying put in Thailand. We have seen some processing timelines in Thailand as quick as 11 months, but most seem to average 14-15 months. She has been here on an education visa at a Thai language school and we plan on enrolling her in a different language school this time to study English for 12 months. Timing-wise, assuming she gets her second ED visa approved, we should have 15-16 months of time we can spend in Thailand while we wait. The biggest challenge is financial, not in the sense that we won't have enough money to live here for a very long time, but I am trying to think of the next step which is me getting a job again (retiring early was awesome, and the 3 years I have had have been awesome but I am ready to get back to work) because we need to start looking for a house and getting financing without a job or retirement income is difficult. Lots of irons in the fire, but I know that I am preaching to the choir here.
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Filling in I-130 online. Reached this point. I have searched and read other posts with this subject but didn't see one addressing my specific question. You are instructed to upload a document in the beneficiary's native language, then given a file requirement that if it is NOT in English it must be translated. Do I really need her to write this information in Burmese and then find a certified translator to translate it back into English? Am I overthinking this? Information About Beneficiary In Their Native Written Language If the beneficiary's native written language does not use Roman letters, upload a document with his or her name and foreign address in their native written language. File requirements If your documents are in a foreign language, upload a full English translation and the translator's certification with each original document.
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Based on feedback from our initial post over in the K-1 forum here: We are withdrawing our I-129F petition and filing an I-130. I am now reading through the CR-1 filing guides as well as combing through the posts from folks in a similar situation. It is my understanding that we simply file the I-130 and accompanying I-130A to initiate the process. However, I have read somewhat conflicting posts regarding the withdrawal of the I-129F. Some say that the filing of the I-130 automatically voids the I-129F so don't bother sending a letter because USCIS won't acknowledge the letter anyway, while others say sending a letter requesting withdrawal to the processing center handling our case is the appropriate course. I figure sending a letter won't cause any harm. Just one more thing to do in terms of time and treasure (mailing even a few pages to the US from Thailand is fairly costly). Nonetheless, we will initiate the CR-1 process this week barring any advice to the contrary. I mentioned in the other post that I am "early retired" but I don't want to keep living on retirement savings so I figured I should jump back into the market. I am actively seeking employment in Thailand so I can establish legal residence, bank account, etc. in Thailand while we wait. If nothing materializes in the corporate world (Thailand can legally discriminate based on any factor they want...like age) I know that I can get a job as an English teacher since I have my TEFL certification. My wife could then live in Thailand with me on an "O" visa which holds more weight in terms of residency than her current education visa. No need to return to Myanmar except to visit family occasionally. Now we are just settling in for the long (hopefully not too long) journey ahead.
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Hello everyone, Quick background: I am a USC, my partner is Burmese. We met in Thailand in 2022. She moved to Thailand looking for employment, and I was there taking a TEFL course to potentially teach English abroad (I sold my business in 2016 and took a sabbatical in November 2020 so I am technically "retired early"). I proposed in January and we had a ceremony in Myanmar February 28, 2023, but we never signed any documents to make the marriage official because we intended to file for the K1 and we want to do everything by the book. The ceremony was mainly for her friends and family to celebrate our union. We have a condo in Thailand in her name because she is here on an 11 month ED visa. I have lived in Thailand with her since January, but I am here on a tourist visa. My permanent residence is still in the US. We hired an immigration attorney in March to help us file the 129F, gathered all our supporting docs and he filed in late April. We received receipt confirmation a couple weeks later (May 12, 2023), and now we are digging in for the long journey ahead. Living with my partner has been a blessing that I know most couples in the K1 queue don't have the privilege of enjoying; however we share the same desire as everyone here and that is to be together in the US ASAP so we can start building some permanency into our lives. It seems the more we review our options, the more questions we have. We realize that every case is different and there are many variables to consider with every question. - Her ED visa expires in October. Should we pack up and move to Myanmar so she can spend time with her family the next few months while we wait? Will moving to a new country delay the process? Would getting an appointment at US embassy in Yangon potentially be faster than getting an appointment in Bangkok which has a larger case load? We are simply looking for anyone with experience at either of these two embassies or any tidbits of advice anyone is willing to toss our direction. Every decision we make is driven by the question everyone has: "will this speed up or slow down the process?". We realize that the answer to the question of move or not move is a personal decision, but we are trying to gather as much information as we can to make as educated a decision as possible.