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Everything posted by SundryCoder
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Hello, My fiancee recently attended her medical appointment in Ciudad Juarez. Unfortunately her chest x-ray contained one small spot that was questionable because she recently recovered from Bronchitis but the doctors want to do further testing for Tuberculosis, the preliminary test was negative but they are waiting for further results that will take 70 days. However, she also received an email from her consulate in Merida that says she is not eligible for a Visa and is required to return it. Has anyone heard of this happening? Does the embassy revoke tourist visas on such cases?
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Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
Ok, I should not have said it that way, and my intent wasn't trying to cause fear. I apologize it came out that way. The official factors considered by CBP are not publicly available. So, no, I cannot say what they are supposed to officially consider. This is what I was verbally told by the few officers I encountered in our issue that they do not like it. It could be they were out of line with what was allowed, but the letter from my lawyer helped diffuse the situation. -
Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
sadly - funny one time she was searched for "hot sauce" because never leave home without it? 🤣 -
Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
if you want to read the code it's in this mess of a page: https://uscode.house.gov/view.xhtml?req=granuleid%3AUSC-prelim-title8-chapter12-subchapter2&saved=|Z3JhbnVsZWlkOlVTQy1wcmVsaW0tdGl0bGU4LXNlY3Rpb24xMTg0|||0|false|prelim&edition=prelim there's nothing there about denying someone really that i discovered other than you have to convince someone the nonimigrant intent and you get the roll of the die and on rare occasions you may roll a 1 -
Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
no, i just talked with them when we had an "almost" issue because she had visited me with no problems alone but when she came with both her daughters they assumed the worst because that reduced her need to return and it's just what happens. they assume by default the intent is to immigrant and you just have to show reason to return is a key. -
Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
At the heart of gaining entry approval is your ability to show non-immigrant intent—essentially proving that your trip is temporary and that you have every intention of returning to your home country after your visit. As long as you can adequately prove to the agent you that your visiting and do not have a non-immigrant intent you will be fine the The Immigration and Naturalization Act sets the precedence that it will be assumed that a person is an Immigrant. The purpose of the questioning at port of entry is to additionally confirm you are here for the stated purpose of the visa "to visit" Visiting a finace(e) is not disallowed, but it adds to the a challenge to the need to prove you have an intent to return, because you have ties in the US. Albeit, it should not be difficult to overcome if you can show a valid reason you need to return. -
The may 14th statement looks like they received your RFE they do not provide any response to this until they are done looking at the response. You will only get three things from USCIS - Approved, Denied, or RFE. You will not get any adequate updates to explain where you are in the case. They will continue to work on it, however the messages are suspiciously sounding like they are trying to send you something and it is failing. Call them as soon as the open in the morning and confirm with them that everything is ok
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April 26th the sent an RFE (I had one as well in April - so i went through this) May 14th it looks like they received your response. Did you get a response and reply to it? The post on April 30th looks like it bounced back to them from the post office which would indicate you did not receive the RFE letter You can call them (right when they open you will have luck) to get clarity, make sure they have an accurate address in their computer and that they do not need further information from you. If you do not have any luck with calling them, you can call your representative they can make an inquiry for you and that can be of help.
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I received a response from NVC today: To Whom it Concerns: The National Visa Center (NVC) has received your petition from U.S. Citizen and Immigration Services. Your NVC case number is []. Due to your petition type, you will not receive a request for fee payment or document submission. All case parties will be notified when this petition is forwarded to the assigned U.S. Embassy/Consulate General. For the most up to date information about the U.S. Embassy or Consulates current operating status, please visit their website at https://usembassy.gov. The correct case number is []. Anyone know what this means for our process?
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Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
Yes, i meant beneficiary. Because, officially, the customs and border patrol do not want you to visit under tourist visa after you have applied for a K-1 visa. What the lawyer does know is people who have applied for a K-1 visa and have come to visit and been deported because according to the agent, that is not what a tourist visa is used for and to such an issue he has written some clients a note on letter head to use as a last resort to present as evidence of the ongoing petition and that the petitioner and beneficiary are following the law and the beneficiary will return home, and for some people this letter has helped but for others it does not. It ultimately depends on the agent. There is no hard/fast rule for what is allowed. -
Wrong place of Birth
SundryCoder replied to Rosaly's topic in K-1 Fiance(e) Visa Process & Procedures
it was no intentionally done by me. -
Wrong place of Birth
SundryCoder replied to Rosaly's topic in K-1 Fiance(e) Visa Process & Procedures
It depends on how it was requested most of my vital records I was able to obtain through this site: https://www.vitalchek.com/v/ Once state did not support this site and I was able to get it directly through them calling the county vital records office and they sent me the record. All my records arrived to me within a week which should be the case as well for Illinois. Illinois does partner with vitalcheck to get an copy and it is fast and easy. -
Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
Well sadly, some of them weird comments are true. It does depend on the person doing the interview at the gate. I've heard the problems from my fiancee even before we knew each other she had problems just coming to tour. -
Yes, you can visit!
SundryCoder replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
I chose to go through a lawyer for my process and he advised me to be mindful of the amount of times the visitations occur in the United States. My lawyer said they look at the overall amount of time visiting over a period of visits within a year. As the original post alluded to, they will always assume someone is trying to circumvent the system. My lawyer also said he can provide a letter to help justify that we are proceeding according to law and the petitioner will return home but that even with this he has witnessed people get deported. It will always depend on the person at the port of entry and what they think is unreasonable. Wishing everyone luck on their journey -
Just to let people know if you send an email to NVCinquiry@state.gov they will send you an auto response that you cannot use their email you must use their website. "To Whom it Concerns: Thank you for contacting the National Visa Center (NVC). This is an automatically generated email response. Please do not reply to this email. In order to ensure your private information is protected, NVC will only respond to inquiries received through the Public Inquiry Form at https://nvc.state.gov/inquiry. If you submitted your inquiry directly to this email address, please resubmit at https://nvc.state.gov/inquiry in order to receive a response..."
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It depends on when your case lands on the person's desk, the time frame is usually quick, within 2 weeks. That is why they say after 2 weeks you can make an inquiry to get your case number. Although, sometimes this can take up to 4 weeks. However, there is a time line as well that they only ship out packets every 2 weeks. So, If your packet landed on someone's desk the day after shipping you will probably be there for 4 or 6 weeks before they get shipped to the embassy - depending on how quickly and accurately you provide them with the information they need. Some of the delays at this stage will be dependent upon how quickly you fill everything out. I fully understand you want to be on the next step. It will come.
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I used the system too look at people with a similar timeline as me and there are 2 other couples one 2 weeks ahead of my NOA2 and one a month ahead of my NOA2 In both cases it was a little under 4 weeks that both of their NOA2 was received by NVC. Hopefully they get to you next week; but this is a long weekend. "First weekend of summer" and many people take vacations. So, I'd assume the 1st week of June and if they happen to get to it sooner, then great!
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I received the following letter from the NVC IE: check the timelines before making an inquiry as of this writing they are looking at items they received on the 16th of April which means those of us who got their NOA2 in May are not yet be entered into their system: Thank you for your inquiry. Our records do not show that we received your petition. It can take up to six weeks for an approved petition from the U.S. Citizenship and Immigration Services (USCIS) to arrive at the National Visa Center (NVC). Once we receive it, we will enter your petition into the U.S. Department of State's database systems. For current processing times, please visit our website at https://nvc.state.gov/timeframes for English and https://nvc.state.gov/plazos for Spanish. If your approved petition was sent to NVC later than the listed processing times, you do not need to take any action. If your petition was approved before the dates NVC is working on, please send us a scanned copy of your I-797 or I-171 Notice of Action - Approval Notice. You can attach it to an email and send it to nvcresearch@state.gov. · In the subject line of your email, please type only the receipt number from your I-797 Approval Notice. · If you have more than one petition, send a separate email for each petition · Once we receive the copy of your approval notice, we will contact USCIS to find your petition. Before you send us an email, please check your Notice of Action and make sure it says your petition was approved and sent to NVC. If it says that USCIS kept your petition, or if it is not an approval, contact USCIS for more information. You can contact them on their website at https://uscis.gov, or by telephone at 1-800-375-5283.