biggish data

Income requirement - complicated situation

We are in a similar situation. Both living abroad, zero US income (which is what they care about). We are getting a co-sponsor since we'll need one anyway for AOS and the i-864. And from what I can tell, even if I did move back before the interview and get a job, people say they look at last year's tax returns, so would probably want me to have a co-sponsor anyway.

Check your regional board to see what people say whatever consulate in Australia you are going to accepts for support.

A letter from your current employer stating your hire date, salary/rate, position, full/part time, temp/contract/permenant, would be enough along with pay stubs.

d3adc0d3

Not Telling

Argentina

2014-09-24 12:45:00

Income requirement - complicated situation

I was unemployed (laid off prior to the interview) at the time of the interview.

I had several freelance clients, and an offer for employment in which I would be picking up as soon as I returned to the US (I was in Argentina at the time).

They're interested in your current and past income, at the time you file. I would recommend applying for jobs in the US with your experience in OZ (which as an FYI to one poster, is a term they use for Australia versus AU which can also mean Austria). Try and have a job offer in hand before the interview. Also have your parents prepare the Co-Sponsor paperwork just in case you need it. At the time of the interview is likely when they'll be inquiring as to your income to provide for your fiance in the US.

d3adc0d3

Not Telling

Argentina

2014-09-24 09:56:00

proof and help

we r talking evryday on facebook with msg more than 50 000 msg +we r skyping in the morning at luch and at night too .and i call her evry time on the fone i have alot letters from her and her nana . we have alot emails between us '4000 emails. she visited me 2 times here so do u think all that is not enough ??

I cannot predict the outcome of your interview. From my personal experience you have more than enough evidence supporting that you two have a bona fide relationship, but it really depends on the Moroccan embassy/consulate's CO, at the interview. I wouldn't sweat it too much, but if the US Citizen can be present for the interview that will swing things in your favor greatly.

Check up on the reviews for the Moroccan embassy, go into the regional forum. You'll get the best information if you ask there. Those are the people who have been through that embassy first hand and know what it's like. Do a Google search as well. There's a lot of information on the internet, Search up "K1 Visa Moroccan Embassy Interview" Also look up "K1 Visa Moroccan Embassy Age Gap".

Good Luck!

d3adc0d3

Not Telling

Argentina

2014-09-26 16:10:00

proof and help

I'm 7 years older than my (now) husband, and we were approved for a K1.

Every country is different, OP: Check the regional forums and see what those who've been through the process for the Moroccan embassy have to say - every consulate is different.

If you pursue the K1, make sure the USC is at the interview. The consulate may or may not allow the USC in the interview room, but their presence will be known and it will make a huge impact.

I look significantly younger than I am, so despite me being older, I look younger than he does. That may have played a hand in our approval.

d3adc0d3

Not Telling

Argentina

2014-09-26 09:57:00

HELP! I messed up :(

Ok so I messed up, I put in my fiancee's birthdate on both I-129f and G-325a as 7-4-1989 instead of 4-7-1989 becuase of the confusion with the way they write their dates in Venezuela they always go dd/mm/yyyy is this a major problem??

TIA

Call Customer Service, they should be able to correct that for you in the electronic system. There may be a fee associated with it, but it shouldn't effect your petition, if the Tier 1 reps give you a hard time about it, ask to speak to a Tier 2.

There's a call back service you can opt in for. You won't lose your place in line, and they'll call you back on the phone you called on when your place in line is up next. It save you minutes and you don't have to be on the phone for 2-3 hours. The wait for a T2 Rep is long.

d3adc0d3

Not Telling

Argentina

2014-09-26 10:02:00

USPS DELIVERY ISSUE

It just means the electronic system hasn't been updated yet. Worry after tomorrow. I've gotten 2 day shipping and had it delivered and the status wasn't updated until the next day.

d3adc0d3

Not Telling

Argentina

2014-09-17 14:25:00

Some countries don't even bother to give vaccinations to K-1 applicants. Some countries give all the required ones at the medical. Yes, it depends on the country. However, they are not supposed to deny a K-1 for not having vaccinations, no matter what consulate it is. Someone could appeal that, if they did.

9 FAM 41.108 N1.2 > http://www.state.gov...ation/87492.pdf

Since applicants for K visas are essentially intending immigrants, a complete medical examination is required in every case. (See 9 FAM 41.81 N4 (a)(1)). As nonimmigrant visa (NIV) applicants, fiancé(e) visa applicants technically are not subject to the INA 212(a)(1)(A)(ii) (8 U.S.C. 1182(a)(1)(A)(ii)) vaccination requirement. However, we (the Department of State) and the Department of Homeland Security (DHS) have agreed that medical exams for fiancé(e) visa applicants should include the vaccination assessment as a matter of expediency. Therefore, you should make every effort to encourage fiancé(e) visa applicants to meet the vaccination requirements before admission to the United States. Nevertheless, you may not refuse K-visa applicants for refusing to meet the vaccination requirements.

Medical Examination and Vaccination Requirements > http://travel.state....ance-k-1.html#7

K visa applicants are encouraged to get the vaccinations required under U.S. immigration law for immigrant visa applicants. Although such vaccinations are not required for K visa issuance, they will be required when adjusting status to that of legal permanent resident following your marriage. Applicants are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination.

I was told that we wouldn't get a denial, persay, but we'd get a 221g, and told to get the medical finished, essentially.

d3adc0d3

Not Telling

Argentina

2014-09-29 15:46:00

No. None are absolutely required to enter the US on a K-1 visa. Vaccinations are not required for a K-1. They are required later for AOS. It is better to get them before or at the K-1 medical in order to get them marked off on the DS-3025. Just a receipt is not enough for AOS. If you get required vaccinations after the K-1 medical, you will need to get them transcribed onto an I-693 by a civil surgeon in the US.

To the person that asked:> many countries will go ahead and give the vaccinations at the K-1 medical exam. This is a good thing, as it is best to get them and have them marked off on a DS-3025 at the time of your medial. That way you can just send a copy of your DS-3025 when filing for AOS and not need to see a civil surgeon for vaccinations and/or transcription onto an I-693. The required vaccinations are MMR, Tdap/TD, varicella(unless you already chickenpox) and a flu shot(only during flu season, which is Oct. - Mar.) http://www.cdc.gov/i...tions.html#tbl1

Also, see this post about whether or not you will need to see a civil surgeon in the US for an I-693 when filing for AOS > http://www.visajourn...port/?p=6206232

Interesting, the CO in the embassy said they wouldn't approve the visa without the "required vaccinations", which was MMR, Chicken pox, etc. Perhaps it's just embassy based.

d3adc0d3

Not Telling

Argentina

2014-09-29 14:57:00

I see this vaccine/immunization list, is this for every country do you need ALL of them? My fiancée has proof of none should he get them all ?

The medical exam can run a panel on him to see what he has immunizations in his system for, based on that if he has no record, they will tell him what he needs. Some will be absolutely required before entering the US like, Measles, Mumps and Rebella (MMR), others like Tetanus he can get while he's in the US and in your insurance. He'll just need to show record of getting it done.

d3adc0d3

Not Telling

Argentina

2014-09-26 16:12:00

Hello, it's "test" which is an examination. "Text" is written words. English is a confusing language, so I'm only trying to help you before you're surrounded by it!

What are the communicable diseases of public health significance that would cause an applicant to fail a medical examination or be inadmissible?

Communicable diseases of public health significance include?

Tuberculosis

Syphilis

Chancroid

Gonorrhea

Granuloma Inguinale

Lymphogranuloma Venereum

Hansen's Disease (Leprosy)

And the following two disease categories--
Quarantinable diseases designated by any Presidential Executive Order. Current diseases include: cholera, diphtheria, infectious tuberculosis, plague, smallpox, yellow fever, viral hemorrhagic fevers, severe acute respiratory syndromes, and influenza caused by novel or re-emergent influenza (pandemic flu).

Events that are reportable as a public health emergency of international concern (PHEIC) to the World Health Organization (WHO) under the International Health Regulations (IHR) of 2005 (currently polio, smallpox, SARS, influenza, and other public health emergencies of international concern.)

Some health-related waivers may be available for these diseases. For general information concerning the role that the CDC plays in the waiver process, you may visit our website. Additional information concerning Form I-601, the waiver application, and the requirements is located on the U.S. Citizenship and Immigration Services (USCIS) website .

Resource: http://www.cdc.gov/i...ion-faqs.html#5

d3adc0d3

Not Telling

Argentina

2014-09-26 14:09:00

Also if you do go back to the embassy for your second interview for the K1 (if USCIS re-affirms your petition), I would recommend being there for it. The Petitioner's presence often makes a huge impact. Good Luck!

d3adc0d3

Not Telling

Argentina

2014-08-27 11:27:00

A 221g is a temporary denial, it means your fiance needs to provide more paperwork, or they're sending your case back to USCIS to be re-affirmed.
http://www.immihelp.com/visas/221grefusal/administrative-processing-221g.html

http://blogs.usembas...ur-case-status/

The 221g is typically issued if, for example, the medical exam results expired, or she didn't pass it and needs treatment. It states they're sending it to be re-affirmed, so I would wait on that wedding and CR1. USCIS will re-affirm a case fairly quickly. Give it about 3 months. You may just end up with a second interview and an approval.

Good luck.

I tried to edit this, but it wouldn't let me by the time I tried to submit... to elaborate more:

221(g):

The document issued by the Department of State under Section 221(g) of the Immigration and Nationality Act (INA) is for the most part used for requesting additional information from the beneficiary such as missing documents, additional evidence, or advising them of not being able to issue their visa due to pending name/security checks i.e. Administrative Processing However, Section 221(g) is also used by the Department of State when returning petitions/applications to the USCIS for further review ultimately recommending revocation.

Why are Petitions/Applications Returned to the USCIS by an Embassy/Consulate Under Section 221(g)?

Petitions/applications are returned for a variety of case specific reasons. Returning a petition/application to the USCIS means that the embassy/consulate refuses to issue a visa to the beneficiary, but they do not have specific evidence to actually deny a visa application. So the next best thing to do is return the petition/application to the USCIS office where the petition was originally filed requesting further review and ultimately recommending revocation.

What Happens When a Petition/Application is Returned to the USCIS by an Embassy/Consulate?

? 221(g) is issued to beneficiary at conclusion of the interview stating the application and/or petition is being returned to the United States.
? Petition is returned to the United States by the interviewing consulate for "further review"
? Returned petition is received by the NVC. It is reviewed and entered into the fraud database by fraud management.
? Returned petition is sent to the local USCIS service center where the petition was originally filed and approved.
? Local service center receives returned petition.
? Local service center who processed the original petition sends a notice of receipt to the petitioner.
? Local service center reviews the returned petition and consular officer notes on the case.
? Local service center then sends either a NOID (Notice of Intent to Deny) or NOIR (Notice of Intent to Revoke) to the petitioner also asking for more proof of the relationship, many cases have specific consular objections to rebut.
? Petitioner is given 30-60 days from date of NOIR/NOID (depending on the service center) to respond with additional evidence of the relationship or other specific evidence. The timeframe to respond will be provided in the letter.
? Local service center receives evidence...if in the timeframe given (30-60 days) the case is reviewed and either original approval is reaffirmed or the petition is officially denied.
? If the petition is denied the local service center sends the petitioner an 'official' denial letter. This can be officially appealed if the denial letter states such.
? If the petition is reaffirmed the local service center sends the petitioner an official notice of reaffirmation.
? Local service center sends the reaffirmed petition AND its evidence provided in the rebuttal directly to the consulate along with a recommendation to issue a visa.
? Consulate notifies the beneficiary of a new interview date.
? Beneficiary has interview for the reaffirmed petition and the visa is either issued, or the case in placed in Administrative Processing which after cleared a visa is issued, or worst case scenario it is denied via Section 221(g) and returned again to the USCIS with a recommendation for revocation.

d3adc0d3

Not Telling

Argentina

2014-08-27 11:14:00

A 221g is a temporary denial, it means your fiance needs to provide more paperwork, or they're sending your case back to USCIS to be re-affirmed.
http://www.immihelp.com/visas/221grefusal/administrative-processing-221g.html

http://blogs.usembas...ur-case-status/

The 221g is typically issued if, for example, the medical exam results expired, or she didn't pass it and needs treatment. It states they're sending it to be re-affirmed, so I would wait on that wedding and CR1. USCIS will re-affirm a case fairly quickly. Give it about 3 months. You may just end up with a second interview and an approval.

Good luck.

Edited by d3adc0d3, 27 August 2014 - 11:00 AM.

d3adc0d3

Not Telling

Argentina

2014-08-27 10:59:00

I can only imagine how much a denial at the embassy point is heartbreaking, but this is not an "end all".

You should at some point get information regarding your denial. With no details as to what happened, or what may have caused them to deny your petition, none of us can help you remedy the issue or even offer any particularly useful advice.

You're free to take people's advice, or to ignore it. But I would suggest that you do try, not to bite the hand that feeds. Lashing out at VJ'ers who are only trying to help you is not the best way to deal with your situation, and they most definitely do not deserve it. You're not angry at them, and they didn't deny your visa.

The Consulates always have a legitimate reason for denying a K1 visa at the point of the interview. It takes more paperwork for them to deny than approve, so they don't make that decision lightly. Not knowing what that reason is, does not make it any less legitimate. Your only way to battle this is through knowledge. VisaJourney and the users who have been through this process are a goldmine of valuable insight and information. I would listen to what others are telling you.

Something happened in that interview that caused them to deny the K1, obviously your papers and evidence was more than enough to have gotten that far. You may have gotten a 221g, which is a temporary denial because you need to provide more paperwork (I got a 221g and now we have our visa in hand, a couple months later). They may send your case back to USCIS to be re-affirmed, and you'll have a second interview if it's reaffirmed. You may be able to appeal, or you could just say "screw it" and go there to get married, and file for a CR1. If you do that, though, I would wait a period to ensure that USCIS will not re-affirm your case, as it can get confusing, when you have a K1 on the table and a CR1 filed because you're now married.

You need to email the embassy the interview was at, ask for a reason for the denial so you know what are your next steps. Inform them that your fiance is inconsolable, and you're unable to get the information from her, at the moment.

Good luck.

d3adc0d3

Not Telling

Argentina

2014-08-27 10:30:00

Tax returns

Where did you get that number? For the 2013 requirements, someone that is single(and under 65) has to file if they made at least $10k. Different income requirements for different filing statuses > http://www.irs.gov/p.../p554/ch01.html

OP> If you did not file taxes for any of the last 3 years, then you need to provide a statement as to why you were not legally required to file. If you were unemployed and the income was zero or too low for the year, then yes, that is a valid reason to not legally file.

And yes, are you talking about filing for AOS after you are in the US on the K-1 and married, which would be the I-864, or are you speaking of AOS as in an Affidavit of Support for the K-1 visa interview, which would be the I-134 and has different requirements?

That is my mistake, it is 10k for a single person with no children 19k for me. I have two disabled children.

Edited by d3adc0d3, 01 October 2014 - 02:00 PM.

d3adc0d3

Not Telling

Argentina

2014-10-01 13:59:00

Tax returns

So if he is unemployed, thats a good enough reason to not file a tax return, am I correct? and they will accept it with just the one return?

If his income was less than 19,000 that one year than he is not required to file a tax return.

For the AoS, he needs to meet the income guidelines on his current income. If I am not mistaken, providing he meets that, then one income tax return, along with a letter from his employer stating when he started, his salary/wages, whether he's full/part time, if he's a contract/permanent employee, how long if he's a contract, and his last 4 pay stubs should be enough for the financial requirements and evidence. He could get a bank statement too, which if it's a joint account, will provide both evidence of a bona fide relationship and show proof of financial stability.

If he was unemployed due to going to college, have his attach a copy of his transcripts for the last year and a copy of his degree.

d3adc0d3

Not Telling

Argentina

2014-09-30 09:57:00

fairness?

Life isn't fair, and to expect it from a government operation is overly optimistic. :lol:

As retired military, I can tell you now it will always be "hurry up and wait" when it comes to any government processes. Things may have improved, but with the volume going up, it counter-balances any improvements they made.

No one gets shown favoritism. There are qualifications, processes, and paperwork that must be filed in order to expedite a case. If you don't qualify, don't follow the process, or don't file the paperwork correctly your expedite request can and likely will be denied. Not everyone qualifies for it, it's typically reserved for military personnel about to be shipped off, and other special cases. Its highly unlikely that your case is one those 'special cases'. I occasionally see 'special cases' for people who are living in war zones, for example.

Some people's background checks take longer to come through, especially if your country has yet to digitize all their records, or your name matches someone else's who's been flagged in the database. If your packet didn't present enough evidence, and an RFE is issued that will delay things, if the adjudicator is new, or went on vacation, that can slow things down too. You can go here for the Q & A with a former USCIS Adjudicator. Whining about the process won't fix it, but keeping yourself busy will. Try preparing for you wedding, look into plans and designs, discuss with your partner about decorating the home and what he/she/you will need when they/you arrive in the US. There's plenty to do and prepare for, as long as you stay in contact with your love, visit as often as affordable, and keep yourself distracted. Busy makes the waiting go by much faster.

Too many variables in this process for impatience, or to expect any type of special treatment. Have some patience and realize that things will happen when they're meant to.

d3adc0d3

Not Telling

Argentina

2014-10-01 13:58:00

Relationship ended - How to cancel I-129F - Im the beneficiary

since the beneficiary has no input into USCIS during the I-129F petition adjudication stage, why are you suggesting this stuff?

The paper trail is useful in case there's an issue later on down the road. If they send the letter and it's in their file, it can help establish what happened.

From my experience with the US Gov't, having a paper trail to cover your own behind is better than not having one, as they often like to be obstinate when they suspect any "funny business".

The paper trail I was suggesting is simply a precautionary measure to ensure that if anything did come up, the whole story would be in the file, hopefully avoiding any possible bigger issues later down the road.

I had to do something similar when I had to deal with Veteran Affairs. I had no say in how my claim was processed, but I wrote a letter and provided copies of my medical diagnoses via a specialist, and their confirmation that it was due to what happened while on duty, via a timeline. It was irrelevant to the current proceedings but having it in my file was HUGELY helpful. This enabled me to, later down the road, fight back when they tried to deny me a necessary medical treatment for my injuries.

My suggestion is simply a suggestion to cover his or her behind in case something pops up, in my humble opinion, better safe than sorry. And as I stated, I've never canceled a K1, but I have experience with the US Gov't and it was only advice, they are free to take it or ignore it as they like.

Edited by d3adc0d3, 06 October 2014 - 12:57 PM.

d3adc0d3

Not Telling

Argentina

2014-10-06 12:56:00

Relationship ended - How to cancel I-129F - Im the beneficiary

I have not ever cancelled a K1, the only one I had filed, is for my now-husband, however I am very familiar with the US Government and how the offices are run, as prior military.

But my advice, for what it is worth, is this:

Give it some time, let things cool down and try and talk things through with the petitioner. Make sure you both do not want to go through with this process. This is a big decision to make, and I think you both need a very open, heart-to-heart.

If you're still solid in your decision to not move to the US, write a letter to USCIS informing them that the relationship has ended and you do not wish to pursue the K1 visa any further, keep a copy for yourself. They will not cancel the petition but it will be added to your file. Be sure to include your Case # on the letter, and mail it with a return receipt requested - keep the receipt.

If your petition is approved and passed along to the embassy, you can cancel it at that point. I would contact the embassy if your petition has made it to this point, and inquire as to how to go about cancelling the application.

Having the letter informing them that you no longer wish to pursue the K1 Visa in your file may help you in the future if you wish to visit, or pursue another visa of any kind for the US. There isn't much you can do at this stage other than make sure there is a solid paperwork trail. And the US Government is particular* (evidently a n a l, is not allowed) about paperwork trails, so make sure you have all the evidence you may need on hand in case this rears its ugly head again in the future (such as that return receipt and a copy of the original letter you mailed). Any mailings you make to the USCIS or embassy, you should be sure to have it certified with a return receipt if at all possible. You want verification that the mail was, indeed, delivered.

Good luck, and I hope everything works out how it was meant to be for you.

I also forgot to add, I'd recommend that you have the letter notarized, as it will hold more weight to them knowing that you most definitely did send it, and it wasn't sent by someone else pretending to be you.

d3adc0d3

Not Telling

Argentina

2014-10-06 11:11:00

Relationship ended - How to cancel I-129F - Im the beneficiary

Why do i have an attitude?

I have decided to end my visa journey for the following reasons?. Fiance is SUPER controlling? Demands to see my bank statements to track my spending, Tells me when i move to the USA i have to make a good effort to fit in to his life and he doesn't want to hear me complaining, numerous times i have had to wire him across money, refuses to make a trip to australia because its "to expensive" so i have to take the trips to the USA and cover the expenses. Tells me it would be "pointless" for me to finish my studies?. and the list goes on!

so there is is? the juicy details!

THANK YOU to everyone who took time to give me PROPER answers, much appreciated

Smart woman getting out before it got too far. Good for you. Good luck in your future endeavors too.

d3adc0d3

Not Telling

Argentina

2014-10-06 11:01:00

Relationship ended - How to cancel I-129F - Im the beneficiary

I have not ever cancelled a K1, the only one I had filed, is for my now-husband, however I am very familiar with the US Government and how the offices are run, as prior military.

But my advice, for what it is worth, is this:

Give it some time, let things cool down and try and talk things through with the petitioner. Make sure you both do not want to go through with this process. This is a big decision to make, and I think you both need a very open, heart-to-heart.
If you're still solid in your decision to not move to the US, write a letter to USCIS informing them that the relationship has ended and you do not wish to pursue the K1 visa any further, keep a copy for yourself. They will not cancel the petition but it will be added to your file. Be sure to include your Case # on the letter, and mail it with a return receipt requested - keep the receipt.
If your petition is approved and passed along to the embassy, you can cancel it at that point. I would contact the embassy if your petition has made it to this point, and inquire as to how to go about cancelling the application.

Having the letter informing them that you no longer wish to pursue the K1 Visa in your file may help you in the future if you wish to visit, or pursue another visa of any kind for the US. There isn't much you can do at this stage other than make sure there is a solid paperwork trail. And the US Government is particular* (evidently a n a l, is not allowed) about paperwork trails, so make sure you have all the evidence you may need on hand in case this rears its ugly head again in the future (such as that return receipt and a copy of the original letter you mailed). Any mailings you make to the USCIS or embassy, you should be sure to have it certified with a return receipt if at all possible. You want verification that the mail was, indeed, delivered.

Good luck, and I hope everything works out how it was meant to be for you.

Edited by d3adc0d3, 06 October 2014 - 10:09 AM.

d3adc0d3

Not Telling

Argentina

2014-10-06 10:07:00

What are your wedding/elopement/parties plans?

We had our ceremony at a state park, with a JP, my children and my mother present. After we had a big dinner at our home with about a dozen friends. While we were waiting for the K1 stuff to go through, I slowly bought everything everyone would need for the wedding. His wedding ring, my dress, my shoes, my children's outfits, the groom's outfit, my flowers (latex, feel-real calla lilies), my jewelry, any accessories for people. That helped mitigate the cost (Amazon is ok).

I also built up a big wedding registry, and started contacting locations for the ceremony, looking into vendors and such. Since we had no definite date, we realized we couldn't book one, and decided to do a bigger ceremony next year, when we could save up for it.

It was very small and intimate, next summer we plan on doing a much bigger shindig.

d3adc0d3

Not Telling

Argentina

2014-10-05 17:14:00

K-1 Timescales - Working in the USA

From our experience, you don't need to wait 2+ weeks to apply from your ssn. My husband arrived on a Friday night, applied for it on the next Monday morning, and had it in hand about 5 days later. Now that everything is computerized, it doesn't take as long to be in the system. He brought his passport to the social security office; that's all. If you're looking to expedite the process, make sure the place where you get your certified copy of your marriage document knows that you need it ASAP. We got ours from the Santa Barbara courthouse (where we got married) the same afternoon as our wedding. We filed AOS/AP/EAD that same week. It's been 62 days since NOA1 for those, and no approvals for EAD/AP yet. Some people in our group have gotten approvals already. Good luck!

I wonder if that has anything to do with him being on the VWP. Not all countries have the updated passports which would allow faster electronic processing.

d3adc0d3

Not Telling

Argentina

2014-10-07 12:31:00

K-1 Timescales - Working in the USA

One small correction from amongst your detailed, helpful info about AOS> If you file for the EAD and AP at the same time or after filing the I-485, the fees are waived. They are not waived only if you file them all together. And, the EAD/AP takes 60-90 days from filing. AOS processing takes between 3-8+ months. If approved without an interview, it takes longer.

~ Moved from K-1 Process to AOS from Family Based Visas - topic is AOS, not K-1 ~

Is the policy of filing them after the I-485 recent? As far as I was aware, it was file with AoS and have the fees waived, or cough up for the fees if you file separate.

I have never heard of an AoS taking only 3 months! I typically hear around 8-12 months from the date they filed, until they receive their CGC.

d3adc0d3

Not Telling

Argentina

2014-10-07 09:01:00

K-1 Timescales - Working in the USA

Hi

Ive searched and searched and ended up totally confused. I guess this has been answered before, please forgive me

When my fiancee and I apply for the K-1 visa I understand that process and I have to be there and married within the 90 period, my confusion arrives with AOS.

After marriage, I have to stay in the USA and apply for AOS, I cannot leave in that period until AOS only with a AP, whats the timescale for that please ? Also when I receive a Social Security number - does that then allow me to work in the USA ?

What I am asking, I guess is when can I legally work, whats the timescale please ?

Many thanks

After the beneficiary enters the U.S.A. on the K1 Visa, he or she should apply for a Social Security Number (SSN) no sooner than 2 weeks after arrival. I personally would recommend 3; this ensures that the beneficiary is entered into the SAVE database, and there will be no extra processing times. After applying for the SSN, it should take 2-4 weeks to arrive in the mail, if there is extra processing time, it can take up to 8 weeks. The beneficiary will receive a "conditional" Social Security Card (SSC) which states that he/she is not valid to work in the U.S.A. without an Employment Authorization Document (EAD).

After you are married (and within the 90 days), it is recommend that you file for the Adjustment of Status (AoS) as soon as possible. If you file for the Employment Authorization Document (EAD) and the Advance Parole (AP) at the same time as the AoS, there is no fee for the EAD and the AP, so you'll only have to pay for the AoS and Biometrics. If you file for the EAD and the AP separate from the AoS there will be additional fees. The EAD and AP are typically processed in 3-6 months, most see it around the 3 month mark. The AoS can take upwards of a year, but it is typically 8-12 months.

The AoS, if approved will give the beneficiary a Conditional Green Card (CGC): 8-12 months on average, can be longer.

The EAD, will give the beneficiary permission to work and earn money in the U.S.A.: 3-6 months on average; bundled with AoS, not additional time.

The AP, will give the beneficiary permission to leave the U.S.A. temporarily whilst processing the AoS; 3-6 months on average, bundled with EAD, not additional time.

Filing all three will not effect your processing time, the times are concurrent.

After you've filed for the AoS, if an emergency arises and the beneficiary needs to return to his or her country you can make an infopass appointment to expedite the AP. Emergencies are typically: Medical issues which need to be address in the beneficiary's country, the death or sudden severe illness/injury of an immediate family member, court proceedings which require the beneficiary's presence.

If the benficiary is granted a CGC he or she will need to lift the conditions in 2 years. A CGC is assigned to new immigrants who have been married less than 2 years. Once the conditions on the Green Card (GC) are lifted, it will be a standard 10 year card. There are additional fees and processing times associated with lifting the conditions on the CGC, please refer to the guides, and the USCIS website.

Thanks for the speedy response .... another question, what would happen to my UK passport - if it expires within the time period of waiting for AOS, I would have no UK residency to renew or replace ?

It is recommended that you request a replacement passport prior to your arrival in the U.S.A. It is a pain, but it will save you some time and worry in the future. In addition if your passport expires within 6 months of your K1's expiration date, many embassies/consulates will require you to renew your passport, so it will remain valid, whilst you're in the USA and (hopefully) processing the AoS.

Edited by d3adc0d3, 06 October 2014 - 11:33 AM.

d3adc0d3

Not Telling

Argentina

2014-10-06 11:26:00

I need immediate help with filling ds-160

It is the WAC no provided by the USCIS. You put in only the USCIS no provided to you. NVC provided you with the Case no, not the petition no. Hope this helps.

The number will start with three letters, depending on the Service Center, it will be WAC.

EAC: Vermont Service Center

LIN: Nebraska Service Center

SRC: Texas Service Center

WAC: California Service Center

The next two digits after the Three letters is the year the case was received, likely 14.

The next three digits is the computer workday in which the case was recieved. The first workday in October would be 001, as it's the first workday of the fiscal year. The 015 would actually be October 21, as weekends and holidays do not count.

The remaining digits are the case number.

OP: You will want to put in your USCIS Receipt Number that is on your NoA2.

d3adc0d3

Not Telling

Argentina

2014-10-07 12:56:00

same sex couple applying for k1 visa

Same-sex couple (both females) right here! We've finished the process & got approved. My fiancée will be here in a month

The only thing that was different about our process was that as a same-sex couple when you are filing the i-129f you have to show the intent to marry and in what state you will marry in. This is just my opinion but there are some states where marriage equality is maybe there, or there for a few days and then gone..... I would stick to a state where it has been law for a good amount of time and hasn't changed.

Best of luck to you girls & let us know if you have any more questions!

For those on the east coast, New York has had same-sex marriages legal since 2011, and Niagara Falls has fantastic & affordable wedding packages available!

Good Luck!

d3adc0d3

Not Telling

Argentina

2014-10-07 12:27:00

Getting ready to file overseas, haven't paid taxes - Questions

Long time lurker, first time poster. Hi everyone!

My fiance and I are getting ready to send off packet 1. I have been in the UK for grad school, and will go back to the US in December when my student visa runs out.

Question 1) The i129-F website (http://www.uscis.gov/i-129f) says to post to the Dallas lockbox. Why am I seeing other people on this forum saying to post to Chicago? Some people are saying file to the closest one (Chicago is where my permanent address is, actually), or file to Chicago if you are overseas. As far as I can tell, I should post it to Dallas. Any clarification on this would be appreciated.

Question 2) I know we're not there just yet, but the financial requirements. I just finished grad school. I am unemployed. I am searching for a job, and will hopefully have one by the time the affidavit of support is needed. I also have a lot of savings and my parents have agreed to be a joint sponsor. The affidavit of support shouldn't be a problem.

Problem: I haven't paid taxes in the US since 2007. I was working in Japan 2007-2012. I only filed for 2009. My income was under the limit, so I didn't owe anything. I was unemployed 2012-present and have not claimed any benefits, so I haven't been required to file for the past 2 years. Now, I can file the forms for the years I missed in Japan, but I still haven't paid any taxes (because I didn't owe any). Will our request get denied because I haven't paid any taxes even though I have enough money to support us? Also, how soon after I file the missing years can I request the transcripts or whatever we need for the application?

Thank you so much for reading through that mess. Any insight is greatly appreciated!

First thing, Congratulations on your engagement!

In regards to your questions:

You want to file at the Texas lockbox for a I-129F petition. The other lockboxes are for other petitions. [Source]

If you live in the United States or abroad and are filing Form I-129F, then file your petition at:[/size]

The USCIS Dallas Lockbox
For U.S. Postal Service:
USCIS
P.O. Box 660151
Dallas, TX 75266
For Express mail and courier deliveries:
USCIS
Attn: I-129F
2501 South State Highway 121 Business
Suite 400
Lewisville, TX 75067
You will want to provide your 2009 taxes and provide evidence that your income was below the limit. The easiest way to do this is contact your previous employers and ask for a letter stating your hire dates, your position(s), and your annual salaries for the years you were there. I would also recommend that you include a copy of your transcripts for your college in the UK. To prove your savings, I would recommend that you show the last year's monthly bank statements (online print-outs are fine) of your savings, and get a bank letter stating when you opened your account, the total amount deposited over the last year, and your current balance. Your parents as joint sponsors will need to prove their current income, and/or assets. Previous 3 years' tax returns, bank statements, paystubs, and/or a letter of employment will do. You should have no issues if you didn't file taxes. They're concerned about your ability to support your fiance NOW. Not last year. However, when it comes time to adjust his/her status, it's highly recommended that you have enough income to support your family size.

Others may have more input who've been through the process without filing previous taxes. You can always do a search!

Good Luck!

d3adc0d3

Not Telling

Argentina

2014-10-07 13:40:00

Engagement Visa or just get married?!

The petition actually costs $340. The visa fee is $265. Medical is around $200. AOS (right after getting married) $1070.

Thanks, they changed the fees since I went through the process and the website was vague when I looked it up. Heh.

d3adc0d3

Not Telling

Argentina

2014-10-16 09:12:00

Engagement Visa or just get married?!

Am I mistaken in thinking that if you are adjusting from a J-1 you need an advisory opinion letter from DHS confirming that the two-year rule does not apply to the future petitioner? My wife is adjusting from a J-1 and we knew from the get-go that no government funding was involved by either the U.S. or her country, but we still needed that letter to move forward.

To add to this, I found this:

http://www.state.gov...ation/87378.pdf

d3adc0d3

Not Telling

Argentina

2014-10-14 15:44:00

Engagement Visa or just get married?!

First thing, Congratulations!

Immigration fraud occurs when a non-citizen enters the US legally with a non-immigration visa, with the intent to immigrate. Your fiance entered on a student visa, and is in the process of graduating! This shows that she did not intend to immigrate!

If you can show that you two have no previous ties back to each other in her home country, I would say get married before she leaves, and adjust her status. It's not that uncommon! If you do, I would suggest you contact an immigration lawyer to get legal advice, on how strong your case is to adjust her status if you do so and what evidence you'd need to gather.

The K1 visa will require her to leave the US after her J1 expires, and wait in her home country while it processes. The petition approval can take 5-8 months. Some see it sooner. This does not count the embassy stage, which can take even longer. Many will have their love back in their arms via the K1 in 8-12 months, in addition with the K1 visa costs about $420 (I think) just to apply, then the visa fee at the embassy ($205 I think). Your fiance will get given a Conditional Green Card (CGC) which is valid for 2 years, and you'll have to apply for a Removal of Conditions (RoC) prior to the 2 years ($590).

You may still get a 2 year CGC if you get married on the J1, and RoC, but you won't have to pay the other fees.

Good Luck!

Edited by d3adc0d3, 14 October 2014 - 03:40 PM.

d3adc0d3

Not Telling

Argentina

2014-10-14 15:30:00

Same-Sex K-1 Couple Needs Help With Marriage Planning

My same-sex fiance and I have just started the K-1 fiance process. Although our marriage is still several months in the future, it is something we would like to have some definite plans for before he goes to his embassy interview. Since neither of us have been married before, we need some ideas on how to proceed. We will be living in upstate New York after he gets his K-1 visa. My fiance is Catholic, so getting married in church is pretty much ruled out. We both have researched on the internet for answers on where to get married, but we are no further ahead than when we started. Where we have the ceremony is not important to us - we love each other, that's all that counts to us. Can we get married at the courthouse? We would love some insight from some of you who have been through this before.

Congratulations!

Upstate/Western NY is gorgeous and as a previous resident with family who lived and got married there I know lots about the area! There are some awesome quickie options! I'll put everything I know about weddings in here in case you were as clueless as I was when I started out!

While a church itself may not be an option, a chapel certainly is! Niagara Falls Wedding Chapel has several affordable options, for guest lists of all sizes (and wallets of all sizes).

Many people do not get married by the church anymore. Most often there are officiates, or justice of the peace, who are licensed to perform a civil wedding ceremony, which is honored by the state. Make sure you plan your wedding in a state that supports same sex marriage (such as NY) and when you write your letters of intent (if you haven't yet), you put down which state you intend to marry in.

The packages I previously mentioned are the following:

The Love Chapel (up to 36 guests) - $195
The Great Lakes Garden (outside, no limit) - $345
The Cathedral (up to 300 guests) - $545
Sky Chapel Helicopter - $895 (up to 3 guests) or $725 (no guests)
Location of Your Choice - Starting at $250
On the Brink (outside, no limit) - $345

In addition they have florists, photographers, and other options you can add to your package. You will need to book a reception hall, which are available in the hotels, or restaurants, in the area.

Another option (and a pet friendly one) is to rent a building in one of the many parks in Buffalo, NY. They're often affordable, and available (not to mention gorgeous)! Some of them are buildings, and if you're planning a summer wedding, they would be stunning. You can book the building and outside for the reception and ceremony. You'll need to book a caterer, rent chairs & tables, purchase or rent the decorations, and check with the local park regulations for what is allowed.

Most weddings will have floral arrangements at the ceremony. You'll both likely be wearing some lovely suits or tuxes, which you can rent or buy. The music you can either pay for live musicians, or you can arrange something with the chapels. A harp or piano is always a lovely choice.

Weddings typically have a colour scheme if not a theme (steampunk, retro, victorian, etc.) It's your day, make it suit your personalities! You'll only do this once!

If your budget isn't tight and you want things just right, or you're tight on time, you can look into a wedding coordinator, for appearances there are makeup & hair artists such as Blushing Brides (who also is very happy to work with same sex marriages and offers services in upstate NY).

If you're on a budget, you can also shop on amazon for some amazing deals, such as feel-real latex flowers, Ties, Cufflinks, centerpieces for the reception.

If you're worried about the planning and not sure how to go about it, there a website to help you plan called The Knot which has checklists, vendors, resources, and ideas to help you get started!

Typically a wedding has the following:

Ceremony Location
Reception Location
Officiate
Flowers for suits, bridesmaids, bride (which isn't applicable here), and decoration.
Decorations for the isle, and "alter" (flowers, ribbons, etc).
Centerpieces for the guest tables
Tablecloths for the tables.
Special decorations for the wedding party table, gift table, & guestbook table.
Wedding favors (I personally recommend picking something everyone would use later, like shot glasses, coffee, potted plants, or scented soaps!)
Caterers
Wedding cake/Cupcakes (& gluten free desserts such as fruit salads if you have any guests who have gluten allergies).

Good luck, I'm sure it'll be perfect and gorgeous!

d3adc0d3

Not Telling

Argentina

2014-10-14 09:03:00

Holy smokes!! freaking out

Congrats!

Aside from reading the guides and preparing yourself for the interview I recommend the following:

Mail your fiance(e) any original documents he or she may need at the interview.
- Birth/Death Certificates
- Divorce Decrees
- Tax Returns
- Letters from Employers/Banks
- Photos of you together they don't have in Ireland.
- Affidavit of Support with ORIGINAL SIGNATURE
- Updated Letter of Intent with ORIGINAL SIGNATURE
Have your fiance(e) get their birth certificate, police certificate, and medical appointment asap. The sooner that's booked, the sooner the embassy will see you. If the embassy requires any other official paperwork (biometrics, dna, etc) get that booked too.
Celebrate!
Prepare for the interview, look up commonly asked interview questions, go over your facts, for things you two may not be on the same page about (dates are always a hard thing for guys).
Start preparing for his or her arrival in the US purchase the things he or she will need, look into wedding plan options, honeymoon options, etc. Lots to do!
Celebrate some more!

d3adc0d3

Not Telling

Argentina

2014-10-17 15:28:00

Urgent: DS-160 and misplaced social security card/number

You can, but I, personally, would not recommend it. A few weeks of holding off it better than a few months of RFE's and a possible denial. Some people got through the cracks on that one. But if you're going to re-apply on the same passport that you had for your J-1, they'll have you in the system. It may raise some red flags, or trigger an RFE.

Call me cautious but I would prefer to have all my ducks in a row than worry about it for 6-8 months, and possible (longer) delays. the SSA is usually pretty fast about getting it to you. You can always have your fiance(e) put your name on his or her mailbox and have it sent there, so it's faster. You only need the number for the forms.

If you can't get a replacement, after speaking with an SSA rep because you no longer qualify, THEN you can safely check that box off.

Edited by d3adc0d3, Yesterday, 04:02 PM.

d3adc0d3

Not Telling

Argentina

2014-10-17 15:59:00

Urgent: DS-160 and misplaced social security card/number

You could contact the SSA and ask for a replacement card mailed to your residence.

Not everyone knows their SSN by heart so don't freak too much. I would give the SSA a call, see what paperwork you need to fill out and where to send it.

Many people say not to worry, but I understand your concern. Honestly, you'll have to get you SSC when you go to the US if you K1 is issued, so in my opinion, mind as well get it now, it'll be one less step later down the road and it will enable to you get yourself health insurance, bank accounts, driver's license, etc MUUUCH sooner!

Edited by d3adc0d3, Yesterday, 03:39 PM.

d3adc0d3

Not Telling

Argentina

2014-10-17 15:37:00

The RFE Master List

Good Afternoon. As a fellow Applicant and VM member who got transferred to Texas here is my update. My file was finally touched and my case status was changed to Request For Evidence. My Fiancé's divorce documents needed translation (#######...stupid miss on my part).

Anyways...I just sent back 2-day certified. today: 6/28/2013

I am hoping that is all they needed. I was more excited to actually get anything back.

Has any DEC-Jan filers returned an RFE yet? If so, How long did it take for your case update?

I will answer these question on this forum when I have my own personal answers....for anyone else in my boat.

shnf69

Not Telling

Brazil

2013-06-28 16:26:00

Does unemployment count for an I-864 & I-134

Hey Kay! Thanks for that. It seems like the majority of our fate is in the hands of the CO.

I had another non-visa related question.

I see your significant other is from Mexico, I'm not sure what your cultural upbringing was -- I'm so white I glow in the dark... LOL

But I was wondering what kind of challenges an inter-cultural relationship has to overcome, if you can tell me a little about your experience. Mr. d3adc0d3 (so to speak) is very Argentine, and tends to follow that whole "I'm the man" kinda attitude, but he's also very patient and kind and gentle. I'm a very independent woman though, and I've been doing everything on my own for so long we often butt heads about it. He's usually right and only butts heads with me when I'm taking on too much. Anyways, I would love some insight from someone who may have experienced their own challenges!

d3adc0d3

Not Telling

Argentina

2013-06-07 18:42:00

Does unemployment count for an I-864 & I-134

Thanks for responding anyways.

I'm a programmer, so I can pick up a job within a couple months of searching, My field is high in demand with not enough experienced programmers, so I would be okay -- but it might take me 3-4 months before I get a new job.

d3adc0d3

Not Telling

Argentina

2013-06-07 15:53:00

Does unemployment count for an I-864 & I-134

Hi all,

I'm new, and just starting on my "visa journey". My fiancé(e) and I haven't even been approved yet, I'm in the whole "Initial Review" stage.

But I've a question about income for the support for the I-134 and I-864.

I've been working consistently for 3+ years, no layoffs, or changes in job. My company has been downsizing lately, but recently up-sized my department, I suspect that I may be soon on the "hit list" of those to be laid off.

If this happens with my previously consistent income, and the unemployment I'd earn (plus what I'd earn freelancing), I would make more than enough to pass the income requirements for the I-864 and I-134 -- but does it count? I know it runs out, but you can just as easily get fired from a job.

I'm sure my mother would be more than happy to co-sponsor with me, but if I can do this on my own, I'd very much prefer to, I hate relying on others financially.

Thank you in advance.

d3adc0d3

Not Telling

Argentina

2013-06-07 15:24:00