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  • Some please help,need advice!

    Hi all ..

    I'm having conflicting advise from varies people with my situation,including my attorney.
    I entered the U.S on a visa waiver last Christmas,for the third time. I got married in Feb.and my attorney instructed me to go home(back to ireland)and leave my wife for a peroid,and file all the paperwork.
    Its now August,and the NVC had just received the Affidavit and DS230,and then the file will be hopefully sent on to the Embassy here in Dublin,Ireland.

    So,i called the Embassy hoping to get some instructions on what to bring to the interview,and they sent me out a complete instruction packet&checklist.
    I emailed the whole packet to my attorney,to get the nescessary documents ready,and she replied with the following...

    "Why have they given you Instructions for a V or K nonimmigrant visa? Although we filed for a K visa for you after submitting the
    I-130 (because at that time we thought it would take 6-8 months to get the I-130 approved), when the I-130 was approved on March 31st, the approval automatically disqualified you for a K visa. The purpose of the K visa is to allow you to come in and wait while the I-130 is being adjudicated. It has been adjudicated. The instructions you have attached are inappropriate, particularly with respect to the I-134 Affidavit. That form is only used in connection with a nonimmigrant visa. You are the beneficiary of an approved I-130 and will be entering on an immigrant visa, which will mean that, at the time of your visa interview, the Consulate will require a new, original I-864 Affidavit of Support that bears a date no more than 30 days before your visa interview. You will also provide new DS-230, Parts 1 and 2. Perhaps you should contact the lady at the Consulate and see whether she will give you the correct packet in advance. I'm not sure they are permitted to but you can try."

    CAN SOMEONE PLEASE EXPLIN THIS? DOES THIS MAKE PERFECT SENSE TO PEOPLE, OR AM I JUST HAVING A HARD TIME UNDERSTANDING THIS.

    many thanks in advance,

    Markus.

  • #2
    Hi all ..

    I'm having conflicting advise from varies people with my situation,including my attorney.
    I entered the U.S on a visa waiver last Christmas,for the third time. I got married in Feb.and my attorney instructed me to go home(back to ireland)and leave my wife for a peroid,and file all the paperwork.
    Its now August,and the NVC had just received the Affidavit and DS230,and then the file will be hopefully sent on to the Embassy here in Dublin,Ireland.

    So,i called the Embassy hoping to get some instructions on what to bring to the interview,and they sent me out a complete instruction packet&checklist.
    I emailed the whole packet to my attorney,to get the nescessary documents ready,and she replied with the following...

    "Why have they given you Instructions for a V or K nonimmigrant visa? Although we filed for a K visa for you after submitting the
    I-130 (because at that time we thought it would take 6-8 months to get the I-130 approved), when the I-130 was approved on March 31st, the approval automatically disqualified you for a K visa. The purpose of the K visa is to allow you to come in and wait while the I-130 is being adjudicated. It has been adjudicated. The instructions you have attached are inappropriate, particularly with respect to the I-134 Affidavit. That form is only used in connection with a nonimmigrant visa. You are the beneficiary of an approved I-130 and will be entering on an immigrant visa, which will mean that, at the time of your visa interview, the Consulate will require a new, original I-864 Affidavit of Support that bears a date no more than 30 days before your visa interview. You will also provide new DS-230, Parts 1 and 2. Perhaps you should contact the lady at the Consulate and see whether she will give you the correct packet in advance. I'm not sure they are permitted to but you can try."

    CAN SOMEONE PLEASE EXPLIN THIS? DOES THIS MAKE PERFECT SENSE TO PEOPLE, OR AM I JUST HAVING A HARD TIME UNDERSTANDING THIS.

    many thanks in advance,

    Markus.

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