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Affidavit of Support and AOS after marriage

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Hi guys, I apologize if these questions have been asked over and over again, but when I search for specific information, I just get bits and pieces. I'm trying to get a concise answer. If anyone can help, that would be awesome!

Currently, my K1 petition for my Spanish fiancee is being processed at TSC (yay...) filed mid January. NOA1 received, looking at about another three months or so until NOA2 according to USCIS. Anyway, on to the questions.

1.) Affidavit of support. When the petition is approved, goes the NVC, and gets to Madrid, will they mail her a packet with instructions on what to do?

As far as the affidavit of support, I will be taking a course to become a software engineer, but I will have no income. My mother is more than qualified to co-sponsor, and I was wondering what she would have to provide? I know I have to provide information as well (I have worked recently, but have had to quit due to this upcoming course.) Basically, what do we both need to provide? I can't find very specific information (I'm very sorry if I'm being completely oblivious and overlooking something obvious.)

2.) Once she gets her K1 Visa, gets here, and we get married, I am under the impression she will legally be able to stay here for 90 days under the Visa Waiver Program. However, once we file for AOS, can she stay here indefinitely (meaning, past the 90 days?) If so, what documentation will be provided to her to show that she is here under these circumstances?

Sorry for the long read, and I highly appreciate everything in advance! Have a good one, and to all those who have / are going through the woes caused by TSC, stay strong...


K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

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Hi guys, I apologize if these questions have been asked over and over again, but when I search for specific information, I just get bits and pieces. I'm trying to get a concise answer. If anyone can help, that would be awesome!

Currently, my K1 petition for my Spanish fiancee is being processed at TSC (yay...) filed mid January. NOA1 received, looking at about another three months or so until NOA2 according to USCIS. Anyway, on to the questions. If you are at the TSC plan a longer wait. There is a large backlog that is is taking 6 months or more to get an approval barring any issues with the Submission. TSC has the longest wait. They just started shipping all new apps to CSC to lower the additional work load on the TSC.

1.) Affidavit of support. When the petition is approved, goes the NVC, and gets to Madrid, will they mail her a packet with instructions on what to do? The guides at the top of the page can help answer many of the questions. Also please see the Embassy site for Madrid for more info.

As far as the affidavit of support, I will be taking a course to become a software engineer, but I will have no income. My mother is more than qualified to co-sponsor, and I was wondering what she would have to provide? I know I have to provide information as well (I have worked recently, but have had to quit due to this upcoming course.) Basically, what do we both need to provide? I can't find very specific information (I'm very sorry if I'm being completely oblivious and overlooking something obvious.) Here is a link to the instructions for the 134 which is what is needed at the Embassy. http://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf. There is another form the 864 that will be needed for the AOS part of it Most of the same info.

2.) Once she gets her K1 Visa, gets here, and we get married, I am under the impression she will legally be able to stay here for 90 days under the Visa Waiver Program. However, once we file for AOS, can she stay here indefinitely (meaning, past the 90 days?) If so, what documentation will be provided to her to show that she is here under these circumstances? This is from the Guides: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and an Electronic I-94 is issued upon entry and becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

Sorry for the long read, and I highly appreciate everything in advance! Have a good one, and to all those who have / are going through the woes caused by TSC, stay strong...


 

 

Service Center : California Service Center on 2014-03-17Consulate : London, United KingdomI-129F Sent : 2014-03-10I-129F NOA1 : 2014-03-14I-129F NOA2 : 2014-04-07NVC Received :4/21/2014NVC Left :4/23/2014Consulate Received :2014-04-29Packet 3 Received :2014-05-01Packet 3 Sent :2014-05-01Medical Complete: 2014-05-07Packet 4 Received :2014-5-31Interview Date :2014-06-06Visa Issued: 2014-06-10Visa Package Received: 2014-06-13Arrival at POE Seattle: 2014-6-13

Married 07/07/2014

AOS Timeline
AOS package mailed 08/08/2014 (Chicago Lockbox)
NOA date 8/13/2014
Biometrics done 09/14/2014
INTERVIEW DATE!!!! 10/31/2014
Approval e-mail 10/31/2014
Card production e-mail 12/27/2011
GREEN CARD ARRIVED 11/08/201

Employment Authorization Document
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance : First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Bio. Appt. : 2014-09-04
Approved Date : 2014-09-25
Date Card Received : 2014-10-03

ADVANCED Parole
CIS Office : Chicago National Office
Filing Method : Mail
Filing Instance :First
Date Filed : 2014-08-04
NOA Date : 2014-08-13
RFE(s) :
Date Received : 2014-10-03


ROC Timeline
ROC package mailed to CSC 10/13/2016
NOA1 date 10/17/2016
Biometrics date 12/8/2016

Interview: None
Card production ordered: 03/27/2018
10-YEAR GREEN CARD ARRIVED

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Thanks for the info!

I looked at the guides, but I still can't find how my fiancee will get the forms to follow up with what she has to do once it gets to Madrid. Thanks!


K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

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Thanks for the info!

I looked at the guides, but I still can't find how my fiancee will get the forms to follow up with what she has to do once it gets to Madrid. Thanks!

Perhaps when you look at the guides, you should also review the K1 Flowchart: http://www.visajourney.com/content/k1flow It give a general overview of how everything is supposed to flow through the process. Although, there are instances of specific instructions/requirements for each interviewing embassy/consulate. For those specific instances, contact the embassy/consulate.

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Thanks so much guys. This site is a wonderful support net. Hopefully NOA2 will be received within the next 3 months (according to USCIS agent via phone call... But you never know.)

Wish us luck, and good luck to everyone else on the same situation.


K1 until Green Card

01/13/15 - I-129F package sent

01/15/15 - Arrived at Texas Service Center (sigh...)

01/27/15 - NOA1 in hand

07/16/15 - Case was approved!

07/21/15 - NOA2 in hand

07/24/15 - Case sent to NVC

08/03/15 - NVC Case # Assigned / Case sent to embassy (estimate)

08/05/15 - Arrived at embassy

08/12/15 - Packet 3 received

08/17/15 - Packet 3 sent

08/28/15 - Packet 4 received

09/28/15 - Medical

09/30/15 - Interview - approved

10/07/15 - K1 Visa in hand

10/22/15 - POE

11/06/15 - Married!

12/15/15 - I-485 package sent
02/29/16 - I-485 approved (interview waived)

03/08/16 - Green Card in hand

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Here's to hoping for prompt receipt of your NOA2 visa approval. :thumbs:

There are many of us that are not currently in your particular situation right now. However, rest assured, we have all had our share of "unique" experiences with USCIS during our immigration journeys, check some timelines. Many of us are just paying back the great advice and support that we received when we were "patiently" awaiting :lol: our hardcopy NOA2 approval notice. :clock::yes:

Good luck on your immigration journey.


Completed: K1/K2 (271 days) - AOS/EAD/AP (134 days) - ROC (279 days)

> Almost 2 years of our lives involved with the USCIS/DOS "shuffle" & worth every second of it ! <

"Si vis amari, ama" - Seneca

_______________________

:idea: Read more, post less.... Google can be your friend ! :idea:

Prior apologies if I can explain it to you, but I can't understand it for you.

Keep your timeline current: http://www.visajourney.com/timeline/

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Hi guys, I apologize if these questions have been asked over and over again, but when I search for specific information, I just get bits and pieces. I'm trying to get a concise answer. If anyone can help, that would be awesome!

Currently, my K1 petition for my Spanish fiancee is being processed at TSC (yay...) filed mid January. NOA1 received, looking at about another three months or so until NOA2 according to USCIS. Anyway, on to the questions.

1.) Affidavit of support. When the petition is approved, goes the NVC, and gets to Madrid, will they mail her a packet with instructions on what to do?

As far as the affidavit of support, I will be taking a course to become a software engineer, but I will have no income. My mother is more than qualified to co-sponsor, and I was wondering what she would have to provide? I know I have to provide information as well (I have worked recently, but have had to quit due to this upcoming course.) Basically, what do we both need to provide? I can't find very specific information (I'm very sorry if I'm being completely oblivious and overlooking something obvious.)

You will need to provide your I-134 with your 2014 IRS transcript or complete copy of the return with all forms, schedules, W-2s and/or 1099s. Your current income is $0, and that is what you will list on your I-134, as you are currently unemployed.

Your mother will provide her own I-134 with her 2014 IRS transcript or return, plus proof of current income: letter from employer and/or recent pay stubs. She should also provide proof of being a USC or LPR, just in case it is needed. She needs to meet the income requirement for her own household size plus the foreign fiance(e).

2.) Once she gets her K1 Visa, gets here, and we get married, I am under the impression she will legally be able to stay here for 90 days under the Visa Waiver Program. However, once we file for AOS, can she stay here indefinitely (meaning, past the 90 days?) If so, what documentation will be provided to her to show that she is here under these circumstances?

When you enter with a K-1 visa, you are entering using that visa, not entering using the VWP. The K-1 is a one-time entry visa and will allow 90 days of stay in which to get married. Once married, you will file for AOS. There is no time limit/deadline in which to file for AOS. As long as you married within 90 days then you are eligible to file based on your approved I-129F petition and fulling the requirements of the K-1 visa. However, you will be out of status and begin to accrue unlawful presence between your I-94 expiring and filing for AOS. Once you file for AOS, you then enter a period of authorized stay while waiting for your green card approval. See this post about what to do after you enter the US via the K-1 visa > http://www.visajourney.com/forums/topic/552020-we-are-so-confused/?p=7664338

K-1 instructions for Madrid > http://madrid.usembassy.gov/visas/immigrant/fiance.html

Edited by KayDeeCee

Link to K-1 instructions for Ciudad Juarez, Mexico > http://travel.state.gov/content/dam/visas/K1/CDJ%20-%20Ciudad%20Juarez.pdf

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