RFE, possible red flag, GC timeline

[kels_et_sam 1]

I'm new to this site, so I apologize if these questions have already been answered. My fiance and I have been waiting for our NOA2 from VSC since March 30, 2012. I know VSC is working really slow, but do you think we would have been notified if we had a RFE already?

Also, when we mailed everything out, at the time, both of us were unemployed (I had just graduated from university, and he was in between jobs). Now, however, we are both working full time, but in our petition, it says otherwise. Due to that fact, would this be a possible red flag?

And my last question, about how long does it usually take for the greencard? I have heard everything from 2 months to 2 years, and he wouldn't be allowed to leave the US until he has his GC, correct?

[X Factor 1,110]

They are taking a bit under 7 months to look at your application. At that time if you have RFE you will be notified.

[da c family 1]

Be a little bit patient they will let you know if you have RFE...

maybe soon you will receive something from mail... Good luck

[del-2-5-2014 1,339]

I'm new to this site, so I apologize if these questions have already been answered. My fiance and I have been waiting for our NOA2 from VSC since March 30, 2012. I know VSC is working really slow, but do you think we would have been notified if we had a RFE already?

Also, when we mailed everything out, at the time, both of us were unemployed (I had just graduated from university, and he was in between jobs). Now, however, we are both working full time, but in our petition, it says otherwise. Due to that fact, would this be a possible red flag?

And my last question, about how long does it usually take for the greencard? I have heard everything from 2 months to 2 years, and he wouldn't be allowed to leave the US until he has his GC, correct?

1) Set up an account at the USCIS website so that you can track the process of your application. Any action on your petition will show on that website though some have stated that this never worked for them. It worked for me.

2) When you do the AOS you can apply for AED/AP at the same time. This takes average of two months I have heared, with this you can work and travel.

[didopage 337]

What other people said... But to be more clear:

- You can still receive a RFE. They are not looking at your case for months, it just that your case is sitting somewhere for months. So, as soon as they look at it, they will either approve it, deny it, or ask for a RFE. If you still didn't hear anything, it's because no adjudicator have looked at your case yet.

- The financial requirements of the K-1 are verified at the interview stage. Once your petition is approved, the case will be transferred to NVC then the embassy. It usually takes about 1 month after NOA2 until it reaches the embassy. Your french fiance will then receive instructions from the embassy, and he will actually apply for the K-1 visa at that time. You, the US citizen, will be his financial sponsor. You will have to show proofs that you meet the USCIS requirement to sponsor him, like recent pay stubs, letter from your employer, tax transcripts, ... No worries so, if you were not making enough money at the time of the petition. What is important is at the time of the interview, and even if you still don't make enough money, you guys can have a co-sponsor to help you.

- After the K-1 in hand, your fiance will fly to the US, get married in the 90 days. After that, I suggest that he adjusts his status (AOS= Adjustment Of Status) quickly, so he can become a permanent resident (green card). You should also file for EAD (Employment Authorization document) and AP (Advance Parole, travel document) in the same time as AOS because it's free if you do it with the AOS, and your fiance should then be granted the right to work and travel temporarily. It is usually approved in 2-3 months, and the EAD/AP card is valid for a year. By that time, the AOS should be approved.

At the embassy in Paris, a woman will tell him that he won't be able to leave the US for about 2 years after he enters with the K-1 visa, but that's wrong (don't know why she says that to everybody). As I explained, if you get married in the 90 days and then apply for AP quickly, he should be able to travel out of the US in a lot less than 2 years.

Hope that helps!

[kels_et_sam 1]

Thank you so much "didopage" ! That really helped to clear things up.

[Gary and Alla 3,694]

I'm new to this site, so I apologize if these questions have already been answered. My fiance and I have been waiting for our NOA2 from VSC since March 30, 2012. I know VSC is working really slow, but do you think we would have been notified if we had a RFE already?

Also, when we mailed everything out, at the time, both of us were unemployed (I had just graduated from university, and he was in between jobs). Now, however, we are both working full time, but in our petition, it says otherwise. Due to that fact, would this be a possible red flag?

And my last question, about how long does it usually take for the greencard? I have heard everything from 2 months to 2 years, and he wouldn't be allowed to leave the US until he has his GC, correct?

NO

They look at your file ONCE, the rest of the time it is in a box. When they look at it they either approve it or send an RFE. If you get an RFE that would have been an approval if you did it right.

As has been mentioned before. The processing and adjusication of your petition takes about 20 minutes. The rest of the time is waiting in line. No one that has any authority to decide anything has even seen your petition yet. It arrived in the mail room, was disassembled from whatever format you provided and put into one of their file folders in the order they want. It now looks like every other petition in the building and is stuffed in a box with a bunch of others and is sitting on a shelf waiting for that box to be assigned to an adjudicator.

Your employment status is not a factor for petition approval.

Edited September 6, 2012 by Gary and Alla