Clarification on some NOA-2 to interview and AOS points

[oscillate.wildly 1]

Hi everyone,

Firstly, again thanks for all the help and information on this forum, it's a godsend!

I have just a few things I would like some clarification on, following from my earlier post for which I got some very useful information (thanks Nich-Nick!) I know the information is out there, however I have seen some conflicting things so I want to be 100% certain. We are having to decide soon what our plans are for the rest of the year, and need a little more info:

1. Am I correct that after receiving the NOA-2, nothing will happen until I schedule my medical, after which I will be assigned an interview date? I.e., no interview date will be automatically assigned after receiving the NOA-2 until I have completed my medical?

2. We have until the 'priority date' on the NOA-2, which is 4 months after the NOA-2 is issued/valid from, to complete the medical and interview process, BUT this can be extended if necessary.

....and if it can be extended, is this a guaranteed option, and is it relatively simple to do? I hear it is automatic but I am not sure

3. When using a combination of mine and my fiancé assets for the I-864 for AOS, if my fiancé has an income of $0, because I will be his spouse, between us we need to show assets of 3 x the 125% poverty level?

....and the 5 x poverty level frequently quoted is actually for other family members such as dependents, etc, NOT a spouse

Our timeline is here:

http://www.visajourney.com/timeline/profile.php?cfl=&id=201178

I am due to return to the US 31st August and considering returning to the US from mid-September until early-December, then returning to the UK to spend Christmas with my family and to complete the medical and interview process. If the NOA-2 arrives during my time in the US, I will schedule a medical for when I am due to return in December. If we get our NOA-2 earlier than the anticipated date of October-something, I can extend the validity of the NOA-2 if needed (if I don't change my flight/plans).

Our alternative is to wait in the UK from 1st Sept to finish up and then fly to the US on the K-1. But given our timeline (even given that it's very hard to estimate things) is giving a NOA-2 date of mid-Sep, it looks like I may not get my visa until Dec, hence why I am considering the above

Thanks so much everyone!

[Nich-Nick 3,353]

I have seen some conflicting things so I want to be 100% certain. We are having to decide soon what our plans are for the rest of the year, and need a little more info:

1. Am I correct that after receiving the NOA-2, nothing will happen until I schedule my medical, after which I will be assigned an interview date? I.e., no interview date will be automatically assigned after receiving the NOA-2 until I have completed my medical?

There is nothing conflicting about information straight from your embassy London. Believe them. Third paragraph. red writing. http://london.usembassy.gov/iv/fiance_instructions.html

[Nich-Nick 3,353]

2. We have until the 'priority date' on the NOA-2, which is 4 months after the NOA-2 is issued/valid from, to complete the medical and interview process, BUT this can be extended if necessary.

....and if it can be extended, is this a guaranteed option, and is it relatively simple to do? I hear it is automatic but I am not sure.

Again, believe your embassy's instructions, not what you "hear".

US Embassy London official website. Seventh question down. http://london.usembassy.gov/iv/ivfaqs_interview.html

[Nich-Nick 3,353]

3. When using a combination of mine and my fiancé assets for the I-864 for AOS, if my fiancé has an income of $0, because I will be his spouse, between us we need to show assets of 3 x the 125% poverty level?

....and the 5 x poverty level frequently quoted is actually for other family members such as dependents, etc, NOT a spouse

Go to the source, not a forum. Read what the real USCIS, who will decide your worthiness, has to say. Print the I-864 and the INSTRUCTIONS. Follow along on the form, as you read the instructions. You question is fully answered.

http://www.uscis.gov/i-864

[oscillate.wildly 1]

Thank you. I think I am just a bit overwhelmed with the amount of information and with reading forums. That answers all of my questions, thank you.

A final bit of clarification:

- correct that I only deal with the DS-160 once I have my DOS number?

- I already have a police certificate from another visa application that will still be valid for the interview. It says "no trace" (note that it does not say "no LIVE trace". I have never had any convictions etc. The document list for the embassy says:

"If your UK police certificate indicates “No Live Trace,” or “Further Information Stepped Down” you will be expected to provide complete details of the offense(s) and disposition. If you do not recall the specific details, consider obtaining a Subject Access Report so that you can provide the Consular Officer with accurate information on the day of your interview. To obtain a Subject Access Report, visit http://www.acro.police.uk/subject_access.aspx."

Is "no trace" different to "no live trace" here? The wording suggests that the 'live' part indicates an offence. Trying to determine whether I need this Subject Access Report.

- finally, I am convinced that I have enough to self-sponsor (>£50), and I will not take an I-134 unless the situation changes. However, in the unlikely event that the officer is not satisfied and requests one, will I get an opportunity to submit one whilst my application goes into AP, or will we be straight out denied? I know you are given the opportunity to submit more documents (e.g. the subject access report if needed) but not sure if the evidence of no public charge falls under this.

Thanks again

[Nich-Nick 3,353]

Thank you. I think I am just a bit overwhelmed with the amount of information and with reading forums. That answers all of my questions, thank you.

A final bit of clarification:

- correct that I only deal with the DS-160 once I have my DOS number?

My long answer is here. (It says Vanitas posted it, but I actually wrote that post except for the very last paragraph, which is no longer valid). http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/?p=6741216 That's my best answer.

The embassy has revised their website so the link to their instructions in the post is a bad link. The instructions for a K1 are here http://london.usembassy.gov/iv/fiance_instructions.html and was already posted to you in this thread. Read what the embassy officially says "You should only complete these steps if you have received notification from the Embassy confirming that your case file has been received in the Immigrant Visa Unit in London." My VJ post ( http://www.visajourney.com/forums/topic/474161-london-k1-a-complete-guide/?p=6741216 ) has a shortcut many have found useful. One note: Do not call DOS. They no longer help. Only NVC will talk to you.

- I already have a police certificate from another visa application that will still be valid for the interview. It says "no trace" (note that it does not say "no LIVE trace".

Is "no trace" different to "no live trace" here? The wording suggests that the 'live' part indicates an offence. Trying to determine whether I need this Subject Access Report.

You are seriously over-thinking this. If you have never had a conviction or encounter with the police, then there is nothing to report. How could you have an offense to get details on?

No Trace means they got nothin' on you. You are squeaky clean in the eyes of the UK police.

No Live Trace means it is hidden...no longer "live" as far as reporting it for example for a job interview. But the US government counts hidden things so the SAR is the only way to find the skeletons in the closet. You have none to find.

- finally, I am convinced that I have enough to self-sponsor (>£50), and I will not take an I-134 unless the situation changes. However, in the unlikely event that the officer is not satisfied and requests one, will I get an opportunity to submit one whilst my application goes into AP, or will we be straight out denied? I know you are given the opportunity to submit more documents (e.g. the subject access report if needed) but not sure if the evidence of no public charge falls under this.

Thanks again

You always get more chances for anything that is missing. It is pretty impossible to be denied for a K1 in London. Yes maybe, if you have used drugs or sold drugs, but nobody knows that since your police certificate is clean. Maybe if you have a sexually transmitted disease, but you get a chance to take treatments and clear the medical again. They want you to succeed. They will bend over backwards to let you get any documentation needed so they can approve you.

Edited May 17, 2015 by Nich-Nick

[oscillate.wildly 1]

Thanks, again super useful, sorry for missing the answers that were in front of me. I did look through all the links, promise!

I don't know about everyone else but over planning and over thinking is turning out to be my way of coping with the wait

Thanks for the help