March 2018 I-129f Filers

[Greenbaum 12,258]

14 minutes ago, VanillaCats said:

Still waiting 😴 sent documents in response to RFE. How long does it take for them to respond? Sent it nearly 2 week ago. 

As long as it takes. After 60 days you can submit a case inquiry.

 

The length generally depends on the cause of the RFE. "Simple" RFEs (missing checkbox, missing letter of intent, etc.) generally take days to a couple weeks IMO. More complex ones (i.er. if verification of documents needs to be done) can take weeks or months.

[VanillaCats 12]

20 minutes ago, Greenbaum said:

As long as it takes. After 60 days you can submit a case inquiry.

 

The length generally depends on the cause of the RFE. "Simple" RFEs (missing checkbox, missing letter of intent, etc.) generally take days to a couple weeks IMO. More complex ones (i.er. if verification of documents needs to be done) can take weeks or months.

It was a simple RFE. Missing letter of intent. I wrote it and signed by ink. 

[Giordan+Hailey 70]

On 12/20/2018 at 5:38 PM, Hannahyoons said:

Good evening guys!
I have came home today from the interview (FINALLY) and slept like a rock since i couldn't get any sleep the night before.

 

After getting my NOA2 in Sept, I could get my interview done earlier, but i delayed it since the documentations didn't get mailed on time and I personally had to get things done myself.

 

So anyway!

Today morning (12/20) I went to US Embassy in Seoul and took an interview.

She asked me a few questions regarding my fiancé's job, where I met, how he proposed and where he's living.

I was really worried that I might get rejected or a blue letter since AGAIN, the original i-134 form from my fiancé didn't get delivered on time.

 

But thankfully she said copy's not a problem (but I also brought original i-134 form he previously sent before he changed his work place)

and everything was good to go.

now all I have to wait is to get my passport to be delivered (said it'll take up to 5 days)

 

This K-1 visa journey has been TIRING, STRESSFUL, FULL OF WAIT, and all these things mixed, my fiancé and I got truly sensitive with all the process on the way. Now i think of it, hell I DO NOT want to walk this path ever again lol

 

Hope my timeline helps,

and hope to hear bunch of good news soon!

I know more things are waiting for me once I enter US, but for now, I'm so glad that now I can finally schedule my flight

 

Thank you guys so much for keeping me & each other so tight!

I have gotten so much help and positive vibes from you guys!

Nice to see you @Hannahyoons

I had my interview on Dec. 21 in Seoul! 

And got my passport with K1 Visa on Dec. 26. 

 

Luckily, I had my fiance at the interview while he was in Korea for vacation. And the interview went so much better than I expected. ( I’ve been paranoid for this because I had refused to enter the states last March) 

 

Congratulation to everyone who got approved and expect to be approved! Almost done guys! 

 

 

 

[The_Empyrean 733]

Finally, got her social security card on Saturday. Took approx 4 weeks. So if anyone is doubting whether to wait or not to apply, i didn't wait and got it in 4Weeks. Now just gotta go back and update her last name  Wishing everyone great new year, and many approvals!

[DuddLee 34]

My fiancee arrived in the U.S. December 21st and we got married New Year's Eve. Visa part became a debacle but finally got it. Time frame Petition filed March 12th and visa recieved December 17th. Just wanted to post an update and thanks to Greenbaum and the rest of you for your answers and help !! 

[Abbey B 79]

After an approved interview (with all of our paperwork) on December 7th....FINALLY the visa was issued this morning  can't tell you what took so long but it is such a relief now. 

 

Question--as you all probably know...one way tickets are much more expensive than a roundtrip (atleast from Israel). Would it look bad to immigration and the point of entry if he booked a round trip ticket (with the intention of cancelling his trip back)? I don't want to cause any additional questioning but was curious if anyone else has done this. 

[Greenbaum 12,258]

2 hours ago, Abbey B said:

After an approved interview (with all of our paperwork) on December 7th....FINALLY the visa was issued this morning  can't tell you what took so long but it is such a relief now. 

 

Question--as you all probably know...one way tickets are much more expensive than a roundtrip (atleast from Israel). Would it look bad to immigration and the point of entry if he booked a round trip ticket (with the intention of cancelling his trip back)? I don't want to cause any additional questioning but was curious if anyone else has done this. 

One way or return. Doesn't make any difference.

[Abbey B 79]

Does anyone know if my (soon to be husband) is able to work 'under the table' as a freelancer while waiting for the EAD? He is a software developer and is leaving his job in Israel but has a few freelancing opportunities in the US that does not require an EAD. The only thing the he is concerned about is the government somehow 'tracking' the fact that he will be invoicing his clients after the project is completed. 

 

Is this possible that they can track that and do you think it would be a red flag or a problem for him to freelance while waiting for the EAD? 

[DaveAndAnastasia 2,079]

40 minutes ago, Abbey B said:

Does anyone know if my (soon to be husband) is able to work 'under the table' as a freelancer while waiting for the EAD? He is a software developer and is leaving his job in Israel but has a few freelancing opportunities in the US that does not require an EAD.

Working "under the table" (aka for cash, not reported to the IRS) isn't actually legal for anyone. Working online for a foreign company is kind of a gray area.

[Greenbaum 12,258]

53 minutes ago, Abbey B said:

Does anyone know if my (soon to be husband) is able to work 'under the table' as a freelancer while waiting for the EAD? He is a software developer and is leaving his job in Israel but has a few freelancing opportunities in the US that does not require an EAD. The only thing the he is concerned about is the government somehow 'tracking' the fact that he will be invoicing his clients after the project is completed. 

 

Is this possible that they can track that and do you think it would be a red flag or a problem for him to freelance while waiting for the EAD? 

There are several sources that must looked at in whole.

 

https://www.uscis.gov/working-united-states/working-us

 

1) You must have a Green Card, EAD, or a work related visa to work in the US

 

2) "Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."

 

This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 

 

You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.

 

Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it

 

https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

From <https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens>

 

 

[Abbey B 79]

50 minutes ago, Greenbaum said:

There are several sources that must looked at in whole.

 

https://www.uscis.gov/working-united-states/working-us

 

1) You must have a Green Card, EAD, or a work related visa to work in the US

 

2) "Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."

 

This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 

 

You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.

 

Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it

 

https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

From <https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens>

 

 

Good article you shared, @Greenbaum Thank you for replying with that....to @DaveAndAnastasia's point...I fully understand that working under the table is not legal but I was mostly curious about the grey area that you mention...the article somewhat concludes that it is 'probably not' an issue but obviously we don't want to risk it. I guess my question was more IF he were to accept freelancer opportunities from outside the US, would the US government be able to track him invoicing the client...

[Greenbaum 12,258]

4 hours ago, Abbey B said:

Good article you shared, @Greenbaum Thank you for replying with that....to @DaveAndAnastasia's point...I fully understand that working under the table is not legal but I was mostly curious about the grey area that you mention...the article somewhat concludes that it is 'probably not' an issue but obviously we don't want to risk it. I guess my question was more IF he were to accept freelancer opportunities from outside the US, would the US government be able to track him invoicing the client...

My opinion is that if no one reports him then he is fine. My take is why risk everything you have worked for so that he can work "illegally" ? If found out he will be deported. JMHO

[Vava&Greg 0]

Hi everyone!

52 days since Noa2 approved but the case still at USCIS.Do I need to worry?😥

[Greenbaum 12,258]

4 hours ago, Vava&Greg said:

Hi everyone!

52 days since Noa2 approved but the case still at USCIS.Do I need to worry?😥

I would call USCIS and begin enquiring about the status. https://www.uscis.gov/policymaUKnual/HTML/PolicyManual-Volume1-PartA-Chapter3.html

[SteVas 56]

4 hours ago, Greenbaum said:

I would call USCIS and begin enquiring about the status. https://www.uscis.gov/policymaUKnual/HTML/PolicyManual-Volume1-PartA-Chapter3.html

I believe this is the link you wanted to provide. The one you provided does not work.

 

https://www.uscis.gov/laws/immigration-handbooks-manuals-and-guidance/uscis-policy-manual/uscis-policy-manual-effective-jan-22-2013