Green card

Old Jun 6th 2012, 3:19 pm
  #31  
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Default Re: Green card

Originally Posted by Rimi
Oh my god... U mean to say tht for my baby it will take the same time 8-10 months???????
It could, that's why you NEED to find out of your baby will be born a USC because the father is a USC. That will help you kill some time, too...do the research for this now, so you will know.

If the baby will be born a USC, then it's no problem...you just need to get him a US passport.

If the baby will NOT be born a USC, then your husband needs to file an I-130 for him after he's born. I assume he will be born soon, and your own case is not that far along, so it should be easy enough to match them up. Once your own case gets to NVC, your husband should not submit more paperwork until his child's I-130 gets approved and goes to NVC, so that they can be processed along the same time frame. He should contact NVC when yours gets there, to let them know he's submitted an I-130 for his child and he's waiting for the two cases to match up and then hopefully run along the same time frame.

The most important thing is to find out if your child will be a USC at birth.

Rene

Last edited by Noorah101; Jun 6th 2012 at 3:40 pm.
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Old Jun 6th 2012, 3:30 pm
  #32  
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Default Re: Green card

Originally Posted by Rimi
I dont know whether u know or not..in their language it does mean denial ..bcoz they mentioned one more thing that they were nt satisfied with the proofs i provided so they can not exceed the time n sendind the case back to usa.. N chances were 50-50 if i would hav gone for the same visa .. I mean if i would have talked to us embassy there were very less chances of getting the visa approved ..because they take atleast 90% fiance visa as fake...

You're probably entering US immigration attorney territory here. Fairly or unfairly, you've indicated the embassy has the suspicion of fraud in your previous applications for an immigration benefit. At this stage, I would strongly recommend using a suitably qualified and experienced professional so as not to make your case any worse than it is.
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Old Jun 6th 2012, 3:45 pm
  #33  
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Default Re: Green card

Originally Posted by Rimi
I dont know whether u know or not..in their language it does mean denial ..bcoz they mentioned one more thing that they were nt satisfied with the proofs i provided so they can not exceed the time n sendind the case back to usa..
In their language, what happened to you does NOT mean denial. It means they could not find the case clearly approvable, and they sent it back to the USA for a decision. But I do know that the cases I've seen where this happens, it can take forever to get a decision made.

So instead of waiting for a decision, you have married and started a new immigration route. I am not sure if this will solve the problem, if the embassy had some suspicions before, maybe they will have them again, I don't know. I don't know what red flags they saw before, to say if they'll see them again.

I agree with fatbrit, it might be a very good idea to get an immigration attorney involved in the case.

Rene
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Old Jun 6th 2012, 4:25 pm
  #34  
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Default Re: Green card

Originally Posted by Noorah101
In their language, what happened to you does NOT mean denial. It means they could not find the case clearly approvable, and they sent it back to the USA for a decision. But I do know that the cases I've seen where this happens, it can take forever to get a decision made.

So instead of waiting for a decision, you have married and started a new immigration route. I am not sure if this will solve the problem, if the embassy had some suspicions before, maybe they will have them again, I don't know. I don't know what red flags they saw before, to say if they'll see them again.

I agree with fatbrit, it might be a very good idea to get an immigration attorney involved in the case.

Rene
Well my husband made an appointment with the same guy who took my interview n asked him what he found wrong in our case...the only thing he told my husband ws tht they deny 90% of the fiance visas at the time coz fiance visas dont convert to marriage in usa....n then he advised us to file for this I 130 .....my husband also attached my pregnancy papers with the I 130... Now lets see what happened
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Old Jun 6th 2012, 4:35 pm
  #35  
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Default Re: Green card

Originally Posted by Rimi
the only thing he told my husband ws tht they deny 90% of the fiance visas at the time coz fiance visas dont convert to marriage in usa....
This makes no sense to me. The fiance visa does indeed convert to marriage in the USA...the whole purpose of the K-1 visa is so that you CAN get married in the USA! I think there was something else going on.

Now lets see what happened
Yes, that's all you can do now.

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Old Jun 6th 2012, 5:02 pm
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Default Re: Green card

Originally Posted by Noorah101
This makes no sense to me. The fiance visa does indeed convert to marriage in the USA...the whole purpose of the K-1 visa is so that you CAN get married in the USA! I think there was something else going on.


Yes, that's all you can do now.

Rene
Fiance visa dont convert to marriage visa means most of the cases are fake..people show they are engaged just to get to usa...
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Old Jun 6th 2012, 5:05 pm
  #37  
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Default Re: Green card

Originally Posted by Rimi
Fiance visa dont convert to marriage visa means most of the cases are fake..people show they are engaged just to get to usa...
Well, that's a different issue than "does not convert". The visa itself is specifically for the purpose of marrying in the USA.

If you had issues proving your relationship or engagement was bonafide, then that's a different issue. What makes you think getting married solves that issue? You should be very well prepared to show that your marriage is not "just to get to USA".

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Old Jun 6th 2012, 5:07 pm
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Default Re: Green card

Originally Posted by Noorah101
Well, that's a different issue than "does not convert". The visa itself is specifically for the purpose of marrying in the USA.

If you had issues proving your relationship or engagement was bonafide, then that's a different issue. What makes you think getting married solves that issue? You should be very well prepared to show that your marriage is not "just to get to USA".

Rene
Well im pregnent ...what else they need from me..
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Old Jun 6th 2012, 5:20 pm
  #39  
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Default Re: Green card

Originally Posted by Rimi
Well im pregnent ...what else they need from me..
Having a child together might help, but is probably not be the only factor, especially since they doubted you before.

Did your husband file his 2011 tax return in the "married" category? That will help. Do you have your name on any financial documents in the USA, such as lease, mortgage, banking, utilities, etc? That will help. Are you on your husband's health insurance plan? Are you a beneficiary on anything like his 401K or life insurance? Does he have a will showing you as the beneficiary? These are all things you guys can do to boost your credibility as a genuinely married couple who share a life together, even if on different continents right now.

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Old Jun 6th 2012, 5:39 pm
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Default Re: Green card

Originally Posted by Noorah101
Having a child together might help, but is probably not be the only factor, especially since they doubted you before.

Did your husband file his 2011 tax return in the "married" category? That will help. Do you have your name on any financial documents in the USA, such as lease, mortgage, banking, utilities, etc? That will help. Are you on your husband's health insurance plan? Are you a beneficiary on anything like his 401K or life insurance? Does he have a will showing you as the beneficiary? These are all things you guys can do to boost your credibility as a genuinely married couple who share a life together, even if on different continents right now.

Rene
Thnx for this information.. i was nowhere in his these kind of documents but if he does it now will that create any kind of doubt? I even dont know if he can do tht because i am indian right now..i mean can he add my name in lease, mortgage while im an indian?
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Old Jun 6th 2012, 5:45 pm
  #41  
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Default Re: Green card

Rimi -

I think someone here may have mentioned this before but please - you really, really, need to straight away, look to an experienced immigration atty for some direction. Even if it is just a consultation.

Best of luck.

Originally Posted by Rimi
Thnx for this information.. i was nowhere in his these kind of documents but if he does it now will that create any kind of doubt? I even dont know if he can do tht because i am indian right now..i mean can he add my name in lease, mortgage while im an indian?
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Old Jun 6th 2012, 5:48 pm
  #42  
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Default Re: Green card

Originally Posted by Rimi
Thnx for this information.. i was nowhere in his these kind of documents but if he does it now will that create any kind of doubt? I even dont know if he can do tht because i am indian right now..i mean can he add my name in lease, mortgage while im an indian?
Yes, he can do many of these things while you are still in India. Many married couples do these things after marriage, even if they live on different continents. Especially the tax return, after he's married he MUST file in the "married" category.

Your husband really should have a consultation with an immigration attorney to make sure he knows what evidence to provide to overcome the previous doubts about your relationship. You, in India, can also have a consultation with an immigration attorney to understand how to best present your case to the ConOff at the Immigrant Visa interview.

Rene
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Old Jun 6th 2012, 5:52 pm
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Default Re: Green card

Originally Posted by Noorah101
Yes, he can do many of these things while you are still in India. Many married couples do these things after marriage, even if they live on different continents. Especially the tax return, after he's married he MUST file in the "married" category.

Your husband really should have a consultation with an immigration attorney to make sure he knows what evidence to provide to overcome the previous doubts about your relationship. You, in India, can also have a consultation with an immigration attorney to understand how to best present your case to the ConOff at the Immigrant Visa interview.

Rene
Thnx a lot
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Old Jun 6th 2012, 10:27 pm
  #44  
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Default Re: Green card

Originally Posted by Rimi
Well im pregnent ...what else they need from me..
Please understand that I say this with the utmost respect... but you are now dealing with US immigration, and they are not known for believing people or taking your word on anything. Your comments suggest that you are somewhat naive about your situation. You might think your situation is obvious, but you have no idea how many women get pregnant just so they can get to the US. You have no idea how many people will fake a relationship for years in advance and afterwards... just so they can get to the US. It happens all the time.

Here's a question you probably never thought you'd have to answer: How do you prove to the officer that your husband is the father of your unborn child?

These are things you must consider... and I agree with the others, you really need to talk to an immigration attorney.

Ian
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Old Jun 7th 2012, 4:05 am
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Default Re: Green card

Originally Posted by ian-mstm
Please understand that I say this with the utmost respect... but you are now dealing with US immigration, and they are not known for believing people or taking your word on anything. Your comments suggest that you are somewhat naive about your situation. You might think your situation is obvious, but you have no idea how many women get pregnant just so they can get to the US. You have no idea how many people will fake a relationship for years in advance and afterwards... just so they can get to the US. It happens all the time.

Here's a question you probably never thought you'd have to answer: How do you prove to the officer that your husband is the father of your unborn child?

These are things you must consider... and I agree with the others, you really need to talk to an immigration attorney.

Ian
My husband is contacting an attorny .....moreover as u said what would b the answer if immigration guy would ask me To prove if my husband is the father of my baby? Than there is DNA test...rest i dont know ...i just know my case is nt fake.....
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