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geowrian last won the day on February 16

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About geowrian

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  • Immigration Status
    K-1 Visa
  • Place benefits filed at
    California Service Center
  • Local Office
    Philadelphia PA
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  1. Cases are not worked completely in sequential order. The majority of I-129Fs from November are being processed still. There's a handful of Oct. filers still waiting, and a very, very small number of Dec. filers have heard back. Check the data in my signature for Nov. and early Dec. updates. There's also a lot of updates in the Nov. filers thread:
  2. Ah, okay. That's optional...and to be honest, I've I don't know of anybody that ever actually used it. haha Sorry but I don't have any additional information on that, other than most people do not include it. Yes, a new DS-160 will be needed for a K-1 visa.
  3. Those are digital forms to be completed by your fiance to apply for the K-1 visa (after the I-129F is approved). The DS-160 is for non-immigrant visas (K-1 is technically non-immigrant), so that's the one they would use. The DS-230 is for immigrant visas, so that won't come into play. I'm not sure what you mean for "provisional file"....?
  4. I can't speak for the date in their internal systems, what said date even means. I guess where I'm confused is exactly what is trying to be accomplished. USCIS received your petition on Dec. 5th. Dec. 9th is probably when they mailed out the NOA1 or similar (mine shows 1 day after my NOA1's "Notice Date" as well), but I don't think it has any relevance in terms of when the case will be processed, how long it's been processing, etc. My scans for determining what qualifies "touched" goes by the date from the USCIS Case Tracker website. If I see a change in the date from the last scan to the most recent scan, then it is treated as "touched" in my data. I'd love to pull other data to even see if there is a pattern, but that data isn't publicly available.
  5. Welcome! I'm sorry to hear about your spouse's financial issue. It's rough times still. Unless he had a secured credit card (unlikely), credit card debt is unsecured debt. This means they can sue him for it (as you're seeing), but the judge would determine what can actual be seized or garnished from available assets (secured accounts like retirement accounts cannot be seized). The information on the I-864 should be current as of the time it was filed. If he was not full time at the time it was filed, that may be an issue. Normally they want to see recent paystubs as well as the last 3 years of tax returns. If he doesn't meet the financial requirements, then you will need a joint sponsor. Most likely, they won't deny your applications outright. They may send an RFE for the I-864 due to needing more (recent) evidence and/or if a joint sponsor is needed. I can't speak for how exactly USCIS validates the financial information, but I would assume they check it against the tax records. Yes, they likely will go through it at least in some detail. They aren't accountants, but they know what they are looking for in terms of sufficient income and/or assets. The reason the USC's financial status matters is because the US government needs somebody to be accountable in the event you become a public charge. This affidavit of support lasts either until you are no longer a legal resident, worked for 40 quarters, or become a citizen...meaning it lasts even in the event that you and your husband became divorced. It provides a means for the US Government to recover funds if you require certain public assistance programs. It has nothing to do with an intent for the immigrant to be dependent on the USC. It's merely to cover them if you need government aid down the road.
  6. Which date for what exactly? VJ's timeline?
  7. Just an FYI - I ran my scan after midnight (EST) due to the maintenance window. However, I saw no updates at all (no RFEs, no approvals, etc.). CSC was open today, so this sounds like their system just hasn't updated, so that's why there's nothing to report for today. I will re-scan in the afternoon tomorrow.
  8. Filing for AOS by marriage requires sending a copy of the marriage certificate. The marriage certificate would have been dated after her I-94 stamp. @Suss&Camm has provided excellent advice above. The OP did not meet the conditions to AOS via K-1 since he married after the 90 days. However, his wife can still file for AOS as the immediate relative of a USC, but he has to concurrently file an I-130.
  9. A link to the data for my past reports are in the link in my signature. Otherwise, I post the summary on this thread every USCIS work day.
  10. Hopefully any day now. Mid through late Nov. looks like where the bulk of the progress has been. Fingers crossed.
  11. VJ goes by the Notice Date on the NOA1. The scans I run use the date that the case was last touched (which is usually the Receipt Date from your NOA1 for an unworked case).
  12. According to this, you cannot serve on a jury unless you are a USC: If that's the case, then even trying to get on a jury could be viewed as a claim of US citizenship. That's a quick way to make you ineligible for any immigration benefits, even when you eventually want to file for citizenship later. I realize it's their mistake for sending the notice if you are not qualified, but that really doesn't matter to USCIS.
  13. K-1 does serve that purpose. It does not require immigrant intent - it only permits it. B-2 is fine as well, but has a higher likelihood of being denied as intent to marry is a risk. Which one is better here is a function of the individual's circumstances. If they have strong ties to overcome the denial, then a tourist visa would be simplest. If they don't, or the tourist visa gets denied (or worse, getting denied at POE), then K-1 would be a better option. Edit: To clarify, the OP said to marry, not occasional visits. If multiple entries to the US are needed, then tourist visa would be the necessary route. That said, once married, getting/using a tourist visa becomes much, much harder.
  14. Yup. That said, I'll just be blunt that it's unlikely for that to be a reality. From what I've read, they will cover 90+% of the applications by the time they are mostly pulling from the following month. Some cases take longer for some reasons, have slow workers, etc. So they will very likely start hitting Dec. filers in less than 14 business days.
  15. First, don't try to hide anything at the medical, interview, or with CBP. Nothing good will come from that. Second, the pregnancy shouldn't affect your visa eligibility AFAIK. The exceptions would potentially be the financial requirements for the sponsor since the CO looks at the entirety of the situation, not just technical minimums. The other item to consider is your suitability for flight. Once you reach a certain point, travel by airplane isn't suitable without a form.