K-1 Fiance Visa still under review

[saraelizabeth 0]

First time post-er here!

I am the petitioner in currently pending K-1 Fiance Visa case. My petition was accepted to USCIS on October 31, 2013. Since then, I have been checking the status daily and have not yet received any notification for any Requests for Evidence.

With that being said, my questions are fairly straightforward and I will be FOREVER grateful to anyone and everyone who can help me answer them based on your similar experiences.

1) Assuming,(and hoping and praying) that there are no unexpected delays or Requests for Evidence, are the USCIS estimated wait times (5 mo.) fairly accurate? This month will be 4 months since the acceptance of our petition.

2) Once USCIS has approved the petition and then sends it to NVC, how much longer can we expect to wait before my fiance is notified by the Nicaraguan Embassy for an interview appointment? (**Also, HOW are we notified about all of this? The mail/address system in Nicaragua is extremely unreliable, and I have dealt with plenty of lost and very delayed letters that I have sent to my fiance in Nicaragua. Therefore, I need to know if I will also receive any notices that are mailed out/ emailed/ etc.)

3) Is there any possible way to go ahead and find out what specific documents, vaccinations, fees, etc. that my fiance will need to have ready on the day of his interview? It is my understanding that we (or maybe just he) will receive a packet from the embassy stating all documents that he will need. But i was just wondering if we can go ahead and start working on all of this, including having the money ready for any unexpected fees, in order to attempt to avoid being rushed to get all of these documents in order.

4) My fiance and I have been dating for almost 2 years, but we met in the United States. He was here illegally, but was NOT deported. He left on his own good will to return to Nicaragua and to start the process of getting legal permission to be in the US. That being said, we were honest in our petition about how (and where) we met. Will his previous unlawful presence in the United States disqualify us for this visa? I would like to go ahead and know this now, instead of getting all my hopes up and being extremely disappointed later.

I believe these are all my questions...again thank you to whoever is taking the time to read this! I am a little frantic and overwhelmed with all of this. And just want to make sure I do everything right in order to avoid careless mistakes and a denial for any of my filing errors.

[Broken2019 4]

It took our approval 4months... 1 month at the NVC then couple weeks b4 we heard from the embassy we waited 2 months b4 his interview. Now we waiting bc at his interview they requested more evidence of our relationship so now we playing the waiting game again. If he was in the US illegal I think thats a big red flag especially if you told them.....

[dwheels76 5,463]

First time post-er here!

I am the petitioner in currently pending K-1 Fiance Visa case. My petition was accepted to USCIS on October 31, 2013. Since then, I have been checking the status daily and have not yet received any notification for any Requests for Evidence.

With that being said, my questions are fairly straightforward and I will be FOREVER grateful to anyone and everyone who can help me answer them based on your similar experiences.

1) Assuming,(and hoping and praying) that there are no unexpected delays or Requests for Evidence, are the USCIS estimated wait times (5 mo.) fairly accurate? This month will be 4 months since the acceptance of our petition.

No. It's an average. I have two friends who filed last month and got NOA2 others filed last summer and still waiting.

2) Once USCIS has approved the petition and then sends it to NVC, how much longer can we expect to wait before my fiance is notified by the Nicaraguan Embassy for an interview appointment? (**Also, HOW are we notified about all of this? The mail/address system in Nicaragua is extremely unreliable, and I have dealt with plenty of lost and very delayed letters that I have sent to my fiance in Nicaragua. Therefore, I need to know if I will also receive any notices that are mailed out/ emailed/ etc.)

I would suggest you go to your countries portal on VJ and look around and look at others timelines.

3) Is there any possible way to go ahead and find out what specific documents, vaccinations, fees, etc. that my fiance will need to have ready on the day of his interview? It is my understanding that we (or maybe just he) will receive a packet from the embassy stating all documents that he will need. But i was just wondering if we can go ahead and start working on all of this, including having the money ready for any unexpected fees, in order to attempt to avoid being rushed to get all of these documents in order.

Here is the Consular information from your countries portal here on VJ.

http://www.visajourney.com/consulates/index.php?ctry=Nicaragua&cty=Managua

4) My fiance and I have been dating for almost 2 years, but we met in the United States. He was here illegally, but was NOT deported. He left on his own good will to return to Nicaragua and to start the process of getting legal permission to be in the US. That being said, we were honest in our petition about how (and where) we met. Will his previous unlawful presence in the United States disqualify us for this visa? I would like to go ahead and know this now, instead of getting all my hopes up and being extremely disappointed later.

Yes he will have to serve out a ban it could be 5 years it could be 10 years and than you will have to have a waiver. I would seek a lawyer now.

I believe these are all my questions...again thank you to whoever is taking the time to read this! I am a little frantic and overwhelmed with all of this. And just want to make sure I do everything right in order to avoid careless mistakes and a denial for any of my filing errors.

[saraelizabeth 0]

Thanks for the helpful info and for the link!!

However, I was under the impression that only Deportations carry the consequence of waiting out a time-ban before re-entry? Am I wrong? My fiance was not deported.

[dwheels76 5,463]

Thanks for the helpful info and for the link!!

However, I was under the impression that only Deportations carry the consequence of waiting out a time-ban before re-entry? Am I wrong? My fiance was not deported.

Overstays are only forgiven when you are married and the immigrant didn't leave the country. If you had married and he stayed and you filed there would have been no issue.

Of course it all depends also on how he entered the US. Was it legal with inspection and he overstayed. And if so for how long?

Let me get some expert people on this thread. One sec.

[saraelizabeth 0]

He entered the US illegally, without inspection. (His first and only entrance to the US) He stayed in the US for several years and then was granted voluntary departure. He left well before his deadline date. (First and only departure from the US)

[johnnyv 20]

If you are in the U.S for 365 days illegally, you will have a ban. They are now aware of that stay, and he'll have to waive out the ban. You do not have to be deported to receive this ban. It starts from the moment he left the USA.

[Harpa Timsah 13,258]

He will have a ban because he was in the US illegally for 2 years. You will need a waiver. The visa will be denied and you can apply for a waiver.

Because he was not deported he will have less waivers required than if had he been deported.

Edited February 14, 2014 by Harpa Timsah

[Gwapo1ako 14]

WOW

[sadavis5 46]

Once you get the waiver situation figured out (Good luck with it!) the consulate will email you instructions. In my case, they emailed me and told me to make sure my fiance got it. They said: "We prefer not to mail the instructions using the local post office, since it could take some weeks for him to receive it." My case left the NVC on the 7th, was received by Managua on the 12th, and I received the instruction email on the 13th.

Go to the country portal, then click on consulate information. There is a list of required documents (a little out of date - do the DS-160 and I-864 instead of the old forms), vaccinations, and other useful info.