You are using an out of date browser. It may not display this or other websites correctly.
You should upgrade or use an alternative browser.
You should upgrade or use an alternative browser.
Follow To Join....
- Thread starter dharma rao
- Start date
- Status
- Not open for further replies.
Packet 3
POJ !
I am not sure what we did was very right. But we sent all the docs without the I-134. I have sen the I-134 last time when when I sent the documents to them to chennai consulate in the month of August.
1083 and 2000 were mentioned in the DS 2002 form. But 1083 is nothing but the evidence of police clearance for the spouse which I found out and hence just the prinout of hte 1083 which has no fields with the police certificate shud be enuf I gues !
2000 is something which i could not find out any were ?!!
But we sent all other documents like employer verifications and bank balance info and stuffs like that. We did not even send the Medical report stuff..since the chennai US consulate was saying medical report is required only when she attends the interview.
Please advice any comments of yours.
thanks.
PrinceofJungle said:You should send org I-134 with Notarization.
I am not aware of 1083, 2000 , plz put some light on it what are those all about?
Good Luck.
POJ !
I am not sure what we did was very right. But we sent all the docs without the I-134. I have sen the I-134 last time when when I sent the documents to them to chennai consulate in the month of August.
1083 and 2000 were mentioned in the DS 2002 form. But 1083 is nothing but the evidence of police clearance for the spouse which I found out and hence just the prinout of hte 1083 which has no fields with the police certificate shud be enuf I gues !
2000 is something which i could not find out any were ?!!
But we sent all other documents like employer verifications and bank balance info and stuffs like that. We did not even send the Medical report stuff..since the chennai US consulate was saying medical report is required only when she attends the interview.
Please advice any comments of yours.
thanks.
poongunranar
Registered Users (C)
Hadasa said:- I-485 denied for my spouse and kid (another kid was born here - no problem)
Why was it denied? If it was denied, there should have been sufficient grounds that would have warranted a denial. Whenever a denial is ordered on tenuous grounds, then MTR (Motion to Reopen) is all that is needed. Why didn't you take this route? So, you basically agree to the premise that the denial was done based on proper grounds. If so, I just don't see how FTJ would help you. Anyway, please let us know as to the reason for denial AS WELL AS why you chose to not go on appeal with MTR. Knowing that would help explain more about your FTJ prospects.
Hadasa said:- I want to take FTJ route as this is the last and final option. The dependants have to leave the country soon (3 weeks) to avoid ban before they accrue 180 day out of status.
Absolutely. If you accrue 181 days of out of status, they cannot enter this country for the next 3 years.
It depends on the merit of the case. Please read my previous response to query the reason behind the denial.Hadasa said:- - Are my dependants eligible to get FTJ when their I-485 denied here?
Hadasa said:- Can I send I-824 now (when dependants are in US)? If I send it now, i might get receipt notice by the time we leave. If this is a problem, we can send I-824 the day we leave for India so that dependants will be in india by the time CIS receives it.
I don't see a problem here. Other gurus can chime in.
Hadasa said:- Do I have to file I-824 if it is chennai consulate? If I do not do it, would there be a problem as I-824 to be filed with in one year of approval of GC. I will be completing 6 months soon.
You can file I-824 immediately after you get your approval notice. There isn't any time limit like 1 year before you file for I-824, AFAIK.
Hadasa said:- want to initiate FTJ when we were in India as I want to go with them. Any issues? If this is a problem, i can stay back and initiate FTJ when dependants are in india. I want to start FTJ with/without I-824 receipt notice.
This is not in your hands. As some have reported in this thread, first file for I-824 and once you get your receipt, send a mail to Chennai Consulate with all the other covering letters, documentation, especially the copy of your receipt notice of I-824 and if you are lucky the Consulate will initiate action on your dependents' case. You make sure that you don't OVERSTAY in India as you may lose your residency.
Hadasa said:- We are givining friends address as mailing address on I-824 as we want to vacate apt.
I FIND THIS TO BE A VERY HIGH RISK. Failing to establish your own residence in the US is a clear sign to Immigration authorities that you didn't have an "intent" to maintain your residency. Therefore, your LPR or LAPR status is a privilege. IT is not a right. At any time, just as your Government can impound your passport, the USCIS can rip you off of your LPR or LAPR status as you haven't demonstrated sufficient ties back to the US to maintain your residency. This will really endanger you more than anything else. Make sure you are continuously employed and are having a residence of your own so that you don't jeopardize your own LPR / LAPR status on which you even have the basic premise to file FTJ for your spouse.
Nope. I have gotten those clearance certificates for myself and I haven't ever been asked about my legal status, even though I was always a legal alien here. The point is, they just go through the NCIC and State Crime Information Center records based on Social-Security number and get back to you with the clearance certificate.Hadasa said:- The dependants are here for the last 7 years. I believe i need to get Police clearance from US police before they leave as it needs their finger prints. Are there any issues getting Police clearance here as their i-485 got denied?
Hadasa said:- are there other things that I have to do here when dependants are in US? Once they leave they cannot come back until FTJ is approved.
I think that's about it. Once you have the Police Certificates for your dependants, that's about it. If you have had your child born here, get the passport, social-security number, birth-certificate etc. before leaving.
Hadasa said:- I will be going on vacation (2months) and vacating apt. Would that be a problem in any part of FTJ process?
YES, YES, and the chances are VERY HIGH. YES! Please read my earlier comments.
Hadasa said:- I beleive there will be difficulties in fillin forms for our type of case. Do i have to mention any where about their unsuccessful attempts of I-485. I am not sure where and when to mention this.
Yes, at least in the DS forms to be submitted for the interview at the Consulate, you need to inform if you had ever applied for an immigrant visa before. Please do not even second-guess on misrepresentation to commit a perjury, which is more damning than the facts that would have warranted that in the first place. They know that you had an adverse action before and there's no way you can hide any of it. Therefore, for many of the questions where it asks like, "have you ever been denied of a visa petition," "have you applied for an immigrant visa before," etc. you need to answer in the affirmative. Representation of facts is not demanded as a concession; rather it is the law and you are EXPECTED to oblige, without any caveats whatsoever.
PrinceofJungle
New Member
mega007 said:POJ !
I am not sure what we did was very right. But we sent all the docs without the I-134...........
Please advice any comments of yours.
thanks.
Good News is I believe that Chennai consalute is very very flexable and cooperative, as previously threads shared, so relax and even they accept pre-sent docs which other consulate don't appreciate, so don't worry u are in good shape. just follow exactly what they asked to.
Wish u good luck and keep us update .
PD Fiasco and the uncertainity...
I checked the Visa Bulleton today (For Nov'05) and there is no change in the Priority dates in EB3 class. this is frustrating.
Case for my wife is in Islamabad and the PD for her is 28 June 2001. Whereas current cut-off date is 01 mar 2001. So close but yet so far away.
The question I have is that my wife had a visit visa for USA, even before we got married and has travelled to USA once before. We were thinking to have her travel to USA while we are waiting for the PD to be current. Our plan is to just state on the border the facts that she is married and her Follow-to-join case is pending in islamabad, meanwhile she is visiting usa with her husband (Me).
What do you guys think, does this hold any marrit. Our lawyer is saying that nomatter what you do, dont lie on the border. and even b/f she said it we were planning to stay truth and fact.
Ideas/comments/
I checked the Visa Bulleton today (For Nov'05) and there is no change in the Priority dates in EB3 class. this is frustrating.
Case for my wife is in Islamabad and the PD for her is 28 June 2001. Whereas current cut-off date is 01 mar 2001. So close but yet so far away.
The question I have is that my wife had a visit visa for USA, even before we got married and has travelled to USA once before. We were thinking to have her travel to USA while we are waiting for the PD to be current. Our plan is to just state on the border the facts that she is married and her Follow-to-join case is pending in islamabad, meanwhile she is visiting usa with her husband (Me).
What do you guys think, does this hold any marrit. Our lawyer is saying that nomatter what you do, dont lie on the border. and even b/f she said it we were planning to stay truth and fact.
Ideas/comments/
ashahzad said:I checked the Visa Bulleton today (For Nov'05) and there is no change in the Priority dates in EB3 class. this is frustrating.
Case for my wife is in Islamabad and the PD for her is 28 June 2001. Whereas current cut-off date is 01 mar 2001. So close but yet so far away.
The question I have is that my wife had a visit visa for USA, even before we got married and has travelled to USA once before. We were thinking to have her travel to USA while we are waiting for the PD to be current. Our plan is to just state on the border the facts that she is married and her Follow-to-join case is pending in islamabad, meanwhile she is visiting usa with her husband (Me).
What do you guys think, does this hold any marrit. Our lawyer is saying that nomatter what you do, dont lie on the border. and even b/f she said it we were planning to stay truth and fact.
Ideas/comments/
Hi
I have checked this with my attorney earilier.
This is what he says.
The B1/B2 visas are strictly non-immigrant visitor visas which allow someone to visit the US temporarily. They do not allow for that person to then apply for a green card in the US. Since your wife would have to complete an application for a visitor visa, and show that you are in the US as a permanent resident, she will likely be denied a B1 or B2 visa stamp. Even if she has a B1B2 visa stamp in her passport, the probability of her being denied entry into the US at the airport is quite high, given that she will be coming here not to visit tempoararily, but to join you in the US.
Unfortunately, the B-1/B-2 is not an optionn for her.
This is just his opinion. You could actually try but as you said don't lie.
Please let me know how it goes, incase you decide to try this option.
Last edited by a moderator:
shahzad
I can understand your problem but please dont take any decision in rush. I would recommend that you better wait and I am pretty sure that your date will be current in 3-4 months irrespective of the law is passed or not. I think that you should better wait for that time.
Thanks.
I can understand your problem but please dont take any decision in rush. I would recommend that you better wait and I am pretty sure that your date will be current in 3-4 months irrespective of the law is passed or not. I think that you should better wait for that time.
Thanks.
There are lot of links but the best one is :
http://www.shusterman.com/cgi-bin/ex-link.pl?judiciary.senate.gov/hearing.cfm?id=1634
and
http://www.hammondlawfirm.com/alerts/10.18.2005_alert.htm
Experts says that it takes between 3-6 motnhs for the legislation like this to be a law. We cannot do anything other than to pray.
Take care.
http://www.shusterman.com/cgi-bin/ex-link.pl?judiciary.senate.gov/hearing.cfm?id=1634
and
http://www.hammondlawfirm.com/alerts/10.18.2005_alert.htm
Experts says that it takes between 3-6 motnhs for the legislation like this to be a law. We cannot do anything other than to pray.
Take care.
ImmigrationALERT
published by Hammond Law Group, LLC
OCTOBER 25, 2005
SJC PASSES FAVORABLE IMMIGRATION REFORM BILL BY 14-2 VOTE
On October 20, as part of the budget reconciliation process, the Senate Judiciary Committee held a markup of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs, in exchange for increased fees on some petitions. That bill was first reported by Immigration Alerts last week.
http://www.hammondlawfirm.com/alerts.htm
Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. A number of amendments were defeated, including one by Senator Sessions (R-AL) to adopt the House Judiciary Committee's approach of levying a $1,500 tax on L visas, and one by Senator Hatch (R-UT) to impose a 5% increase on all immigration fees. An amendment offered by Senator Feinstein (D-CA) to reduce the number of recaptured H-1B visas available annually (from the original proposal of 60,000 to 30,000) did pass by a 10-5 vote. The final package, which will be attached to a wide-ranging budget bill, would:
1. Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
2. Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
3. Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
4. Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
5. Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
6. Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
7. Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
The next step in the process calls for the Senate and the House of Representatives leadership to get together and draft a uniform bill.
Visit www.HammondLawFirm.com
Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications:
Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly.
http://www.hammondlawfirm.com/mailing_list.htm
published by Hammond Law Group, LLC
OCTOBER 25, 2005
SJC PASSES FAVORABLE IMMIGRATION REFORM BILL BY 14-2 VOTE
On October 20, as part of the budget reconciliation process, the Senate Judiciary Committee held a markup of a proposal to provide temporary relief from the H-1B visa blackout and the employment-based immigrant visa backlogs, in exchange for increased fees on some petitions. That bill was first reported by Immigration Alerts last week.
http://www.hammondlawfirm.com/alerts.htm
Although it was vehemently opposed by some Members of the Committee, the proposal ultimately passed out of Committee by a strong 14-2 vote. A number of amendments were defeated, including one by Senator Sessions (R-AL) to adopt the House Judiciary Committee's approach of levying a $1,500 tax on L visas, and one by Senator Hatch (R-UT) to impose a 5% increase on all immigration fees. An amendment offered by Senator Feinstein (D-CA) to reduce the number of recaptured H-1B visas available annually (from the original proposal of 60,000 to 30,000) did pass by a 10-5 vote. The final package, which will be attached to a wide-ranging budget bill, would:
1. Impose a new $500 fee on immigrant visa petitions for the EB-1, EB-2, and EB-3 categories.
2. Recapture unused employment-based visas from prior years for immediate allocation of up to 90,000/year. (Estimates indicate there are only 90,000-100,000 unused numbers to be tapped.)
3. Exempt spouses and minor children from counting against the annual cap on employment-based immigrant visas. (Estimates are that this would lead to an annual increase of 80,000-90,000 employment-based immigrant visas.)
4. Allow individuals to apply for adjustment of status before an immigrant visa is deemed currently available. (Of course, approval could not occur until the visa number is available.)
5. Recapture approximately 300,000 unused H-1B numbers dating back to FY 1991. As a result of Senator Feinstein's amendment, 30,000 rather than 60,000 would be available annually. (In other words, effectively raising the cap from 65,000 to 95,000 for at least 10 years.)
6. Impose a new fee on the recaptured H-1B visas so that the fees on the original 65,000 H-1B allotment remain unchanged but the additional 30,000 available annually carry an additional $500 fee.
7. Impose a new $750 fee on L-1 visas. (This was part of Senator Feinstein's amendment and was necessary to offset the reduction in revenue resulting from the limitation on recaptured H-1B numbers from 60,000 to 30,000.)
The next step in the process calls for the Senate and the House of Representatives leadership to get together and draft a uniform bill.
Visit www.HammondLawFirm.com
Keep up with the latest Immigration News by signing up for all of Hammond Law Group LLC's free publications:
Immigration Alerts, Medical Monthly Monitor and Business Immigration Quarterly.
http://www.hammondlawfirm.com/mailing_list.htm
When?
Here is one good link that I would like to share.
http://abcnews.go.com/Politics/wireStory?id=1249592
Here is one good link that I would like to share.
http://abcnews.go.com/Politics/wireStory?id=1249592
What is good about it? It only talks about illegal immigrants and how to let them work in the US legally. For legal working people who have been paying tax, they don't care as long as they receive the money from us.kamrans said:Here is one good link that I would like to share.
http://abcnews.go.com/Politics/wireStory?id=1249592
PrinceofJungle
New Member
aix2005 said:Could someone list all the documents needed to file packet3.. I like to get these docs prepared in advance before pushing them at the last min..
It was learnt that diff consulate have slightly different way for FtJ procedure, but common forms/docs are in EB catagory are
I-134 (affidavit)
DS-230 (part I and II) (u may fill out for ur spouse, but she will sign on it- Part I only will be signed, part II will be signed at intw time in fron of officer.)
Rest of doc req or asked are
Local language org+copy of Marriage Certificate & English translation org+copy.
Local language spouse Birth Certificate org+copy. and English translation org+copy
Police Certificate (all cities where spouse stayes 6+ months) (keep a copy on ur record )
Medical (from authorized hospitals/clincs, in packet 3/3.5 they would let u know where to go for medical)
Spouse Passport copies
Photos
Your EVL (employment letter) to support I-134 form
Tax return 1040 (last year) to support I-134 form (additional optional doc W-2+ paystubs if available)
Financial Doc/ bank certificate to support I-134 form
I believe thats it. they may have some diff internal forms system. all varies consl to consl in diff countries.
Good Luck
Last edited by a moderator:
PrinceofJungle
New Member
ashahzad said:I think the Affidavite of support is I-864 for Sponsoring an immigrant (follow-to-join). To me it looks like I-134 is for non-immigrant visa.
Any thoughts???
Dear Ahmed Shahzad,
I-134 have multple purpose, since FTJ through EB is not required to comply the 125% poverty requirement. so FTJ ppl are asked to provide I-134 instead of 864. but in some unknown/leanred curcumtances consulate officer may ask (very rare) to comply 864 which is very rare and very unusual.
More clearly
FtJ route ppl need to file I-134
Famaily based /130 based route ppl need 864.
Shahzad, I also sent u an pvt msg.
Good Luck
Last edited by a moderator:
Police Certificates for previous residence (after 16yrs)
Hello POJ, rajinca, srini and other gurus,
My wife is in the FTJ boat. She lived in another state (in India) till 5 years back and I need to get a police clearance certificate from that state for CP.
I am wondering if I should get this PCC right away or if I need to get it
just before her interview. (Please note that she does not have an interview
date yet, and our PD is not current).
In essence, my question is if a Police Clearance Certificate for a previous residence has an expiry date?
thanks,
paras2
Hello POJ, rajinca, srini and other gurus,
My wife is in the FTJ boat. She lived in another state (in India) till 5 years back and I need to get a police clearance certificate from that state for CP.
I am wondering if I should get this PCC right away or if I need to get it
just before her interview. (Please note that she does not have an interview
date yet, and our PD is not current).
In essence, my question is if a Police Clearance Certificate for a previous residence has an expiry date?
thanks,
paras2
priority date of visa number for my wife's F2J petition
Hello, anyone know if I file F2J petition for my wife, does she have the same priority date as my I-485(EB2)? Her F2J petition will be FB2. If so, she will probably not have to wait for a visa number becoming available for her to complete the F2J process if FB2 priority date is later than my I-485 priority date. Thanks for your advice.
Hello, anyone know if I file F2J petition for my wife, does she have the same priority date as my I-485(EB2)? Her F2J petition will be FB2. If so, she will probably not have to wait for a visa number becoming available for her to complete the F2J process if FB2 priority date is later than my I-485 priority date. Thanks for your advice.
- Status
- Not open for further replies.