Chat With US Immigration Attorney Nadine Brown 10/25/2007

[Gen]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

that Hague Convention and the specail US Act passed in 2001 has become a thorn in my side [img]/forums/images/%%GRAEMLIN_URL%%/rolleyes.gif[/img]

I swear. a what ?

THORN IN MY SIDE. \0/

good thing there is no treaty between the 2 countries

[annshan2]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Good Morning Ms. Annshan,

Your question is a good one, but really it depends on what is best for you. If you want to marry in Jamaica then you will have to leave your spouse behind, return to the US and then file a K-3 visa for him. If you want to marry in the US, then you will file for a K-1 fiance visa. How long you can bear to be separated will make the difference. K-1 Fiance Petitions are taking abnormally long times...maybe a year or more...but there may be benefits to this as there are always pros and cons of each visa category. The K-3 on the other hand may take less than a year to get him here. Hope this helps. If you need more information, the I suggest you read up more on each type of visa or contact me for a consultation. </div></div>

Thanks Ms. Brown i think the K-3 will be better

[BlessedLadyOfZion]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

mek sure mi get a invite [img]/forums/images/%%GRAEMLIN_URL%%/yahoo.gif[/img]

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

Hello Springflower,

You will have to contact the Embaasy to schedule the interview. You can contact the Embassy by phone, fax or e-mail. There is sometimes a delay in getting a response, but your best bet is to be persistent. Generally Following to Join have to act within a six month period after the Principal has immigrated.

Good Luck,

[annshan2]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

One more Question re the K-3 when u filing for your spouse do they have to check your credit and so on? and do i go through a lawyer or just get the form and fill it out?

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

When you complete the K-3 visa process as with all immigration visas, the sponsor must provide an employment verification letter to show they are currently employed and you must provide your tax returns for the previous three (3) years. They do not check your (US sponsor's) credit record, but if you don't have the right level of income then they could deny your spouse's visa, but you can always find a co-sponsor. When he gets here and you are filing for his green card, the same thing is required: taxes and job letter - but when you get to the interview where you have to demonstrate that you are both living together, they look for joint financials. If your credit is jacked up, to keep his clean, you may not want to have joint revolving credit accounts, loans or mortgages, yet that is what US CIS will look for to determine level of trust and comfort between the parties...you can still have a joint bank account and joint health insurance, car insurance, etc. to show... You do not need a lawyer to complete the forms, but to be safe you should probably consult with one because the process can be confusing ...as to your credit... in America good credit is a key to economic success because it will affect how much you pay for stuff - car insurance, interest rates on future credit cards, loans and mortgages......start repairing yours today and learn from your mistakes...the only fool is one who doesn't learn from the past!

[springflower]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Hello Springflower,

You will have to contact the Embaasy to schedule the interview. You can contact the Embassy by phone, fax or e-mail. There is sometimes a delay in getting a response, but your best bet is to be persistent. Generally Following to Join have to act within a six month period after the Principal has immigrated.

Good Luck, </div></div>

What about the rest about he name on the birth certificate please.

[Ja. Jewel]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

<div class="ubbcode-block"><div class="ubbcode-header">Originally Posted By: NBrown</div><div class="ubbcode-body">Hello Ja. Jewel,

I am not sure I understand your question. Will you have problems with Jamaican Immigration officials or US Immigration officials? Regardless of which country you travel to, be sure to maintain your status within the time given. If you overstayed your visa in Jamaica, they may or not be as strict as the United States are for foreigner travelers. So, you take your chances when you travel. Also it depends on how long you overstayed. They may make exception for you if it was brief and an oversight, but also being married to a Jamaican, you may be required to process the proper paperwork to gain Jamaican residency or citizenship. Contact the Jamaican embassy to find out more about their residency requirements if this is in your future plan. Additionally, if you are a US citizen, I hope you are in the process of sponsoring your husband so he has the freedom to come to the US if you all decide you want to live here!

Take Care, </div></div>

I just want to make sure I'll have no problems with ANY officials....I will go to Kingston to file the marriage paperwork that is required, in addition to the actual marriage license, before I leave, so if there is a problem w/ Jamaican officers, I'm hoping that by showing them this paperwork, there will NOT be a problem. Do you think having those documents will prevent a problem?

I am in Ja. much more than I'm in US and we really plan to live here in Ja., so my husband's paperwork will be done at a later date.

Thanks for taking the time to read my question...hope you are getting a clearer picture now.

[BlessedLadyOfZion]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

What about answers to the first few questions on page 1??

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

"the fathers name is on the birth certificate but their last name on it is not listed as his will that be a problem especially since in the k1 their last name is listed as his?"

It may be a problem as to identity and the name in which the visa will be issued, if the K-1 has the father's name, but the birth certificate doesn't. But if the father's name is on the birth certificate, you should either get the birth certificate corrected or provide an affidavit stating the mistake on the birth certificate...you want all information to be consistent. That is the same name on visa, same name on passport, same name on birth certificate because Immigration and Embassy will look at the Birth certificate to determine the correct name to use...so if that document has an error correct it if you can

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

Sorry I may have missed a few..will check those and respond

[Niecie]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Ms Brown
Thank you very much for your advice. She actually has a copy of the official orders with her name on their but i'm not sure if that will be enough. Unfortunately, the sister did not keep copies of the ticket stubs.

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Hello Turtledude,

Some of what you heard is true, some isn't. You can sponsor your friend for a visitor's visa by providing a letter of invitation which is a letter AND proof that you would provide for him while he is VISITING the US TEMPORARILY. You must provide your financial documents such as your tax return, a bank letter, and job letter with a completed short form affidavit of support. You send this to him and he presents it to the Embassy. Many people have been successful in obtaining a visitor's visa this way, however, the Embassy is really concerned that the applicant will not just overstay so they may ask him to prove that he has signficant ties to Jamaica (property, immediate family, a job in Jamaica that he is returning to, a bank account, etc.) ...

as for the relocating to the US, obviously that is contrary to a visitor's visa...relocation requires a Green Card or permanent residency status...for which he needs a family member sponsor OR an employer sponsor...for employment..see some of my articles on H visas or R (religious worker) visas...it is difficult to just up and move unless he is a professional with advanced skill...regardless of anti-immigrant sentiment and people's political agenda in the US there are proper channels one must go through...and with the proper conditions he may be able to get what he wants or have a more realistic idea of what he cannot reasonably do.

Regards,

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/2007

Whaz up doc?

Hmmm you pose an interesting scenario...why get married if you aren't going to do anything so you and your spouse can reunite? Anyway, I am not sure there is anything Jamaican guy can do without a file number...every receipt that is issued after a filing as a file number...that is the only way to check information on line at the http://www.uscis.gov website for case processing information. The only alternative is to do a FOIA or Freedom of Information Act Request Form G-639 request...it may take many months to get a result...but it asks for basic information about the sponsor (wife) and beneficiary (husband), but at this point, since divorce is on the horizon it doesn't really matter because that petition, if she did file one, would be null and void because it is based solely on marriage and once the marriage is dissolved, so is the petition...

[esquirebrown]

Re: Chat With US Immigration Attorney Nadine Brown 10/25/20

Hi Kally,

If you came as a fiancee the time limit of 90 days is for the marriage to occur. You can adjust anytime after that...no time limit really, but the sooner you file for adjustment the sooner you can get work authorization, and a travel document, and green card in hand...

Once the I-94 card expires (after 90 days) then, yes, the fiance(e) now spouse is considered illegal or an overstay, and really doesn't have status until the Adjustment of Status is filed, but can file for adjustment at any time after they marry the same person that sponsored them on the K-1.

Being "hassled" can mean a variety of things...if stopped by the local police and there is no proof of valid status, then yes, this can cause the fiance(e)/spouse problems...could even end up in deportation proceedings, depending on the issues and circumstances...

Whatever name you put on the application maiden or married (hyphenated or not) is the name all your immigration documents will say and that is what SSA and the driver's license office will use...be consistent. Choose one and put that on everything!

Good Luck,