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Everything posted by Dan and Akari
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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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My original question was only to solicit information to understand the advantages of marriage in Utah versus a marriage in Myanmar. One reason to register is the fact that she now owns property in Myanmar. Her mother bought it for her many years ago with the intent of giving it to her when she got married. Registering in Myanmar, regardless of what country in which we get married, allows me to be listed as a joint owner of that property which provides more evidence of our bona fide relationship.
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I have been trying to research that very topic. Good luck. Myanmar doesn't have a lot of digital content and third party information is almost non-exitent or without substance. We will get everything notarized, translated into English, have those translated docs notarized. She has friends who are lawyers in Myanmar so we have our bases covered. Regarding a document from the US Embassy stating that I am free to marry, we are being told this is not required in Myanmar. Is this something that USCIS may ask for down the road? Again, just wanting to make sure I don't miss something. Our ceremony was in February so we wouldn't be gaining a whole lot towards the IR-1 versus the CR-1. We can choose whatever date we want after the wedding date.
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So now that we have decided to withdraw the K1 and file a CR1, we need to obtain our marriage license because although USCIS may recognize us as married based on our engagement "Ceremony" in Myanmar, a marriage certificate would be in my opinion, more solid evidence of a bona fide union: they may use the ceremony to deny the K1, but they may not accept the ceremony to approve the CR1. A lot of folks on our initial post suggested we just do the Utah County online wedding, file the I-130 and move on. My wife and I are physically together in Thailand and can be in Myanmar in 2 hours to register our marriage in the same country that we had our ceremony. Other than the advantage of being able to marry when the husband and wife are in different locations, what are the advantages of the online Utah wedding versus just getting married in Myanmar since we are together?
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I have searched the forums and found some related information, but not specific to my question. My apologies if this was covered somewhere and I missed it. We will be filing our I-130 and related documents soon. I plan on living with my wife in Thailand during the process. The condo where we live in solely in her name. WE are asking our agent if we can dd my name, but Thailand requires certain visas in order to do this. She is here on an education visa which qualifies her to be on a lease; however, I am only in Thailand on a tourist visa which I must renew every 90 days by leaving the country and returning with a new visa. My mailing address is in the US, but I will physically live in Thailand. Do I need something more than a tourist visa to say that my physical address is in Thailand? Is this kind of proof even required by USCIS for me to say that my physical address is in Thailand? If so, do I need to put my physical address as my US address even though I am living overseas? FWIW, when we filed our I-129F that we are withdrawing, the immigration lawyer we retained had me put my Thailand address as my physical address, whether right or wrong. Am I making this too complicated? I know that there are no "trick questions" on the forms and to take each question at face value, but given the long process, I don't want to make any missteps that will extend our timeline. I think sometimes that my time in the US Army has permanently engrained the "pay attention to every little detail" when dealing with the government into my brain, almost to a flaw. 😀
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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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Thank you for the reply. It is my understanding that she interviews in the country where she lives regardless of her country of citizenship. WOW!!! This is the exact scenario we want to avoid. SO sorry to hear this, and hopefully you will get approval soon. Yes, I am so glad I posted a totally unrelated question which led to the discovery of this monumental mistake on the part of our immigration attorney, who has been ditched (had the nerve to try to sell me on paying for his services AGAIN to file CR-1). However, filing the wrong petition is not totally on the lawyer. We take full responsibility, and we will endure the consequences of the misstep. We are thankful that the price we pay will only be a couple of months, which is a small price to pay. We are mailing the K1 cancellation notice to CA service center, and I will subsequently be filing the I-130 online ASAP. I will post our progress and any related CR-1 processing questions in the CR-1 forum. A million thanks to everyone for your help.