HELP! I was approved but....

[Will H 0]

Hi, I just received my approval for I129F. My first question is

It says Its an Approval Notice and its valid from Now: until July 24 2011. Does this mean my fiance must marry me by July 24th? Im pretty sure its a yes, but I need to make sure.

Second question is: I was supposed to have kept my teaching job, but I recently was let go, I can barely support myself, and honestly I dont think I could support my wife/fiancee. I think the only thing I can do is cancel the whole visa.I wont have a steady job for a while. Is there any way I can keep the approved status, but at the same time move the date that we have to get married by further back, so its not so early as July 24th?

Lastly, and maybe the most important question: If my fiancee comes here before the 24th of July, and we get married, can she go back to China?, this way I dont have to cancel the visa and redo it later...but im not sure if she can go back to China after we get married...if she can go back..how long can she stay there???? 1 month? a year?

Im really sick to my stomach, I was hoping the approval would come later, and I also didnt expect not to have a real job now. I dont want to cancel, mainly because it might make doing this process all over again more difficult, or they might decline us. Any help would be appreciated. thanks

Edited April 1, 2011 by Will H

[Mal and Meg 12]

I assume by your approval you mean the NOA2 if so the expiry daye means that is when the approval runs out meaning you have to get the interview at the embasy in China before that date!and then once they issue it will be valid for 6 months so would need to enter america in that 6 months timeframe and then marry within 90 days

[Mid-Ocean 0]

Congrats on the approval. I'm pretty sure you don't have to marry by July 24th. The marriage has to take place within 90 days of her entering the country on the K1, if that's what you're doing. I think that 4 months timeframe is the time the Embassy keeps your 129F petition active. I'm guessing it is the time you have to have your interview done by, or maybe the time you have to apply for the actual visa by. You can file for an extension if you need more time. I called them the other day and asked if you have to have your interview within that 4 month time period and the girl said she wasn't sure, but maybe that's right. She said a lot of people file for extensions because they aren't ready to marry or move yet...basically some people need more time.

Secondly, she can't go back right away if she comes in on the K1. You have to get your adjustment of status stuff done. I'm not at that point yet, but I'm pretty sure I read that here somewhere.

[Kathryn41 3,205]

Hi, I just received my approval for I129F. My first question is

It says Its an Approval Notice and its valid from Now: until July 24 2011. Does this mean my fiance must marry me by July 24th? Im pretty sure its a yes, but I need to make sure.

Second question is: I was supposed to have kept my teaching job, but I recently was let go, I can barely support myself, and honestly I dont think I could support my wife/fiancee. I think the only thing I can do is cancel the whole visa.I wont have a steady job for a while. Is there any way I can keep the approved status, but at the same time move the date that we have to get married by further back, so its not so early as July 24th?

Lastly, and maybe the most important question: If my fiancee comes here before the 24th of July, and we get married, can she go back to China?, this way I dont have to cancel the visa and redo it later...but im not sure if she can go back to China after we get married...if she can go back..how long can she stay there???? 1 month? a year?

Im really sick to my stomach, I was hoping the approval would come later, and I also didnt expect not to have a real job now. I dont want to cancel, mainly because it might make doing this process all over again more difficult, or they might decline us. Any help would be appreciated. thanks

You've just received your approval for the I-129f? That is the approval for the first stage only - the NOA2. It is sent to your address, not your fiancee's. This approval is valid for 4 months and during those 4 months the application and file will be sent to the US Consulate responsible for K-1 visas where your fiancee lives. The general process after this is that the Consulate will contact your fiancee, advise her that there is an approved petition for her and invite her to file for a K-1 visa. You can find out more in the China Regional Forum about the exact steps involved for this stage of the K-1 process, but the short answer is - no - your fiancee will not be marrying you before July 24th. That is just the approval validity for the I-129f petition - and it is likely that the rest of the processing for the K-1 won't be completed by then so it will likely be extended automatically by the Consulate.

Once the Consulate notifies your fiancee, she will be given instructions about what she needs to do to get the K-1 visa. This will include getting police security checks, specific documents, having an immigration medical and then attending an interview. She won't know if she is approved for the K-1 visa until the interview at the earliest. I would guestimate that she will get her interview sometime during the summer, but again, those in the China Regional forum will be better able to give you a timeline.

Once your fiancee is approved at the interview, and receives the K-1 visa, the visa is valid for 6 months. That means she has 6 months time in which to wrap up her affairs in China and enter the US. Once she enters the US you and she must get married within 90 days to fulfill the conditions of the K-1 visa.

The K-1 visa just gives your fiancee permission to enter the US and get married. It doesn't give her permission to stay in the US but it does allow her to apply for permission to stay in the US. That is the next part of her immigration journey. After you are married, your wife then files to Adjust her Status from a K-1 non-immigrant to a Permanent Resident (called AOS or Adjustment of Status). When the AOS is approved she will get a 'green card' - or proof of her Permanent Resident status. This card is valid for 2 years and before it expires, you both need to send in another application to immigration providing documents that show you have a valid marriage. When that petition is approved she will get a 10 year green card.

So, you have a lot of time ahead of you yet. One thing that will be of concern - when your fiancee goes to the interview she needs to bring with her a document from you called an Affidavit of Support. This is proof that you are financially able to support her when she comes to the US. If you are not yet working again, most Consulates accept a co-sponsor who can guarantee on your behalf that she does not become a public liability. You will also need to repeat this Affidavit of Support with the AOS application, so this is what you need to look at for now.

When your fiancee does arrive in the US on a K-1 visa, she will not be allowed to leave and return to the US without one of 2 documents - her green card or a special travel permission called "Advance Parole" that she files for at the same time as she files for her green card.

You may wish to read over the Guides at the top of the forums about the K-1 visa and about the AOS process. It will help you to understand better what challenges you may be facing and what different steps you will need to take along the way.

Edited April 1, 2011 by Kathryn41

[Rictodd 0]

Hi, I just received my approval for I129F. My first question is

It says Its an Approval Notice and its valid from Now: until July 24 2011. Does this mean my fiance must marry me by July 24th? Im pretty sure its a yes, but I need to make sure.

Second question is: I was supposed to have kept my teaching job, but I recently was let go, I can barely support myself, and honestly I dont think I could support my wife/fiancee. I think the only thing I can do is cancel the whole visa.I wont have a steady job for a while. Is there any way I can keep the approved status, but at the same time move the date that we have to get married by further back, so its not so early as July 24th?

Lastly, and maybe the most important question: If my fiancee comes here before the 24th of July, and we get married, can she go back to China?, this way I dont have to cancel the visa and redo it later...but im not sure if she can go back to China after we get married...if she can go back..how long can she stay there???? 1 month? a year?

Im really sick to my stomach, I was hoping the approval would come later, and I also didnt expect not to have a real job now. I dont want to cancel, mainly because it might make doing this process all over again more difficult, or they might decline us. Any help would be appreciated. thanks

Will H,

Sounds like you have approval from USCIS, Congradulations. They send on to NVC, NVC will submit to the Consulate usually 5-7 days. About 1-2 weeks later your fiance will recieve packet 3 informing her of the steps she needs to take. She has until that expiration date to complete and submit packet 3 back to the Consulate. The China Portal entry page will give you some guiudelines to follow.

The Consulate will ask for a lot of information. Some of that information will need to be gathered from her hometown, if she isn't living there.

In my case, my fiance was living in Wenzhou when I filed the I-129F, she took a new job and moved to Shaowu. She needed to return home to Chang Chun to get her Houko (Iprobably spelled that wrong and will be corrected) information and most of the documents required. She had to wait about 6-8 weeks before she could do that. She got the information prepared and mailed it from Chang Chun, then returned to Shaowu for work, only to have her mother be hospitalized with a potentially serious injury. She went Back to Chang Chun to be with her mother, but the interview packet was, of course delivered to Shaowu. She eventually got the packet and was able to go to the interview as scheduled, but it was close to whtether she would make it or not. If she couldn't have made it she would have asked for an extension. Lond answer to a shgort question, but the time to marriage doesn't start ticking until her Point of Entry (POE) into the US.

Good luck. This site is called Visajourney for a reason, it is a journey, not a sprint. Be patient, it all will work out, but the timeline sometimes is frustrating.

Good luck,

Rictodd

[xiaozhu 4]

You must have got answer for your first question.

For the second question, you will be required to provide Affidavit of Support later with most recent three years tax return (according to your visa timeline, it will be 2010, 2009 and 2008). If you worry about your financial situation, it is better to find a co-sponsor. Otherwise, Guangzhou would not issue a visa to your fiancée.

Like others' saying, if your fiancée gets K-1 visa, you guys need to get married in 90 days since she enters into USA. Then after married, she needs to file adjustment of status, which means she needs to stay in USA during the process. After she gets her two-year green card, she may come back to China but can not stay longer than 6 months; otherwise, she will need reentry permission from Guangzhou. Generally speaking, after she gets K-1 visa, USA will be her living home not China. Sending her to China is not a good idea under your financial difficulty. You two need to work it out.

So there is a long way to go and a real journey starts after your I-129 approved.

[Shenzhen 34]

NVC can take months 3-4 or more. I know I am still there since last November. Don't panic and don't delay your case. Find a co-sponsor you have lots of time to look for a job. I also believe the Affidavit of Support uses the last 3 years of tax returns. Also can you fill out and post your time-line.

[Rictodd 0]

Will H,

Sounds like you have approval from USCIS, Congradulations. They send on to NVC, NVC will submit to the Consulate usually 5-7 days. About 1-2 weeks later your fiance will recieve packet 3 informing her of the steps she needs to take. She has until that expiration date to complete and submit packet 3 back to the Consulate. The China Portal entry page will give you some guiudelines to follow.

The Consulate will ask for a lot of information. Some of that information will need to be gathered from her hometown, if she isn't living there.

In my case, my fiance was living in Wenzhou when I filed the I-129F, she took a new job and moved to Shaowu. She needed to return home to Chang Chun to get her Houko (Iprobably spelled that wrong and will be corrected) information and most of the documents required. She had to wait about 6-8 weeks before she could do that. She got the information prepared and mailed it from Chang Chun, then returned to Shaowu for work, only to have her mother be hospitalized with a potentially serious injury. She went Back to Chang Chun to be with her mother, but the interview packet was, of course delivered to Shaowu. She eventually got the packet and was able to go to the interview as scheduled, but it was close to whtether she would make it or not. If she couldn't have made it she would have asked for an extension. Lond answer to a shgort question, but the time to marriage doesn't start ticking until her Point of Entry (POE) into the US.

Good luck. This site is called Visajourney for a reason, it is a journey, not a sprint. Be patient, it all will work out, but the timeline sometimes is frustrating.

Good luck,

Rictodd

My apologies, the guidelines are on teh splash page not he portal page. Sorry

[Aztec&Taino 144]

This site is called Visajourney for a reason, it is a journey, not a sprint. Be patient, it all will work out, but the timeline sometimes is frustrating.

I like your (bolded) comment. It is true, this process is a journey...

[jameugiekaxavilon 25]

No, its the time spansion of the NOA 2 before it expire. Its like when u received ur NOA2, within 4 months you must complete the medical examination and interview and then when ur visa get approve u can fly to US and get married within 90 days. Im 100 percent sure it does not mean marrying in 4 months upon receiving the NOA2. And Yeah, congratulations for you NOA2. And no more worries. :-)

[Will H 0]

Thanks for all the help, this is more useful than the actual USCIS website. Thanks again !

[HeatDeath 431]

The above comments, particularly Kathryn's, covered everything you asked.

One other thing to keep in mind: You need to keep that approval notice you just got in a very safe place.

Your fiancee will need it 6-8 months from now, when she files for AOS after you are married.

Scan it into your computer, make a couple of backups, and put the original somewhere safe.

This isn't obvious just from looking at it - it just looks like an informational notice. But a copy of it is a required piece of documentation for AOS, and they may well want to see the original if you guys pull an AOS interview. When we were at your stage we had no clue about AOS yet, and it took some digging for us to find that form again when we needed it later.

Just a heads up.

Other than this, you are pretty much done. Your only remaining role in all of this, until she enters the US, is the provision of signed relationship evidence and the necessary documentation for the I-134 and I-864. All of the correspondence is now between her and the local consulate until they issue her the visa and she enters the US.

Edited April 2, 2011 by HeatDeath

[extremerecluse 36]

Hi, I just received my approval for I129F. My first question is

It says Its an Approval Notice and its valid from Now: until July 24 2011. Does this mean my fiance must marry me by July 24th? Im pretty sure its a yes, but I need to make sure.

Second question is: I was supposed to have kept my teaching job, but I recently was let go, I can barely support myself, and honestly I dont think I could support my wife/fiancee. I think the only thing I can do is cancel the whole visa.I wont have a steady job for a while. Is there any way I can keep the approved status, but at the same time move the date that we have to get married by further back, so its not so early as July 24th?

Lastly, and maybe the most important question: If my fiancee comes here before the 24th of July, and we get married, can she go back to China?, this way I dont have to cancel the visa and redo it later...but im not sure if she can go back to China after we get married...if she can go back..how long can she stay there???? 1 month? a year?

Im really sick to my stomach, I was hoping the approval would come later, and I also didnt expect not to have a real job now. I dont want to cancel, mainly because it might make doing this process all over again more difficult, or they might decline us. Any help would be appreciated. thanks

I know you stated that you are a teacher by trade. I understand that. I also understand that you need employment, NOW!!!!! This is your problem. Others are giving you all the mind boggling nuances of the K-1 process without addressing the real issue; a good paying job. Keeping in mind that you are a teacher I will ask you to think outside the box. You don't have a JOB; right? You need a job; right? Forget about your standing as a teacher now. A teacher who is unemployed is equal to a garbage collector who is unemployed. Investigate the trucking industry. It is one of the most stable professions in the US. Starting salary is around $40,000 and goes up year after year of experience gained. Look up bubbajunk.com. You can see for yourself the possibilities. This is a slam dunk. The problem is a job; not the fine art of the K-1 process. Again, in this economy, you need to think way outside of that tiny little box. I know doctors and lawyers who departed the rat race to drive and they love it.

[Afrikan Queen 11]

Hi, I just received my approval for I129F. My first question is

It says Its an Approval Notice and its valid from Now: until July 24 2011. Does this mean my fiance must marry me by July 24th? Im pretty sure its a yes, but I need to make sure.

Second question is: I was supposed to have kept my teaching job, but I recently was let go, I can barely support myself, and honestly I dont think I could support my wife/fiancee. I think the only thing I can do is cancel the whole visa.I wont have a steady job for a while. Is there any way I can keep the approved status, but at the same time move the date that we have to get married by further back, so its not so early as July 24th?

Lastly, and maybe the most important question: If my fiancee comes here before the 24th of July, and we get married, can she go back to China?, this way I dont have to cancel the visa and redo it later...but im not sure if she can go back to China after we get married...if she can go back..how long can she stay there???? 1 month? a year?

Im really sick to my stomach, I was hoping the approval would come later, and I also didnt expect not to have a real job now. I dont want to cancel, mainly because it might make doing this process all over again more difficult, or they might decline us. Any help would be appreciated. thanks

Congratulations on your recent approval!

Don't cancel now, too much time and effort has already been made. You can always request that for an extension for your approval. To answer your second question, you can get a co-sponsor if need be. And yes, your fiance can return to China but I believe you need a green card/residency card to return to US. I wish you the best.