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Charlie&Kate

K1 Visa HELP! Potential pitfalls after NOA2..

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Filed: K-1 Visa Country: United Kingdom
Timeline

Hi guys, 

 

We're currently waiting for our NOA2 and the decision is predicted at the end of this month (UK fiance). Obviously, thanks to the pandemic, we're now looking at facing a number of issues ahead of us and I wondered if anyone had any suggestions or ideas on these. Here's the list of potential pitfalls I can think of...

 

1. Passport issue - A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions) is required for the Visa to be issued. My current UK passport is valid until May 31st 2021... with the delays in processing both at USCIS and the London Embassy, I feel like I'm going to need to apply for a new passport before I go for my medical appointment/interview etc...what do you guys think, and do you have any recommendations or ideas?

 

2. Expiration Date for NOA2 - 3 months; extended for an extra 3 months for up to 1 year. I was uncertain about this, because obviously with a large backlog once embassies reopen, is it likely to be extended beyond the 1 year if the NOA2 date hits this threshold? Or will we need to file again?

 

3. When I enter the USA to marry my partner, what happens if marriages are restricted and we can't get married within the 90 day window? Will I still be able to marry my partner in the USA outside of this? I'm worried that when we're finally together, we get a knock on the door from homeland security...

 

4. When we are finally married, what are the legalities of me being in the USA beyond the K1 visa if the USCIS is still not accepting I-485 Green Card applications?

 

Thanks in advance for all your help!

 

Charlie & Kate x

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59 minutes ago, Charlie&Kate said:

When we are finally married, what are the legalities of me being in the USA beyond the K1 visa if the USCIS is still not accepting I-485 Green Card applications?

Where did you hear this?   I am amazed at the misinformation out there......


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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1 hour ago, Charlie&Kate said:

When I enter the USA to marry my partner, what happens if marriages are restricted and we can't get married within the 90 day window? Will I still be able to marry my partner in the USA outside of this? I'm worried that when we're finally together, we get a knock on the door from homeland security..

I name you at least two prominent and esteemed posters here who can marry you.........

@payxibka @Loren Y

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: K-1 Visa Country: Wales
Timeline

Certainly can get married in Colorado, makes me wonder if you realise the issues with a K1 versus the CR1.


“If you know the enemy and know yourself, you need not fear the result of a hundred battles. If you know yourself but not the enemy, for every victory gained you will also suffer a defeat. If you know neither the enemy nor yourself, you will succumb in every battle.”

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Filed: K-1 Visa Country: United Kingdom
Timeline
5 minutes ago, Lucky Cat said:

Where did you hear this?   I am amazed at the misinformation out there......

I knew he put a suspension on NEW Green Card processing from April and it looks to have been extended for the rest of the year based on these articles, although obviously they may not be the most reliable sources...

 

https://www.bbc.co.uk/news/world-us-canada-52391678

npr.org/2020/06/20/881245867/trump-expected-to-suspend-h-1b-other-visas-until-end-of-year
https://www.rollcall.com/2020/06/12/administration-puts-hold-on-green-card-requests-from-us/

 

I'm having trouble finding any more information on the White House Website.

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1 minute ago, Boiler said:

Certainly can get married in Colorado, makes me wonder if you realise the issues with a K1 versus the CR1.

That sounds like my cue....😃

 

Every couple has their own priorities, and each couple must decide which visa is better for their situation.

K-1
    Slightly faster arrival in the US 
    Requires Adjustment of Status after marriage (expensive and requires a lot of paperwork)    
    Spouse can not leave the US until she/he receives approved Advance Parole (approx 5-6 months)    
    Spouse can not work until she/he receives EAD (approx 5-6 months)    
    Some people have had problems with driver licenses, Social Security cards, leases, bank account during this period    
    Spouse will not receive Green Card for many months after Adjustment of Status is filed.

  

CR-1
    Slightly slower arrival in the US 

    Less expensive than K-1    
    No Adjustment of Status(I-485, I-131, I-765) required.    
    Spouse can immediately travel outside the US    
    Spouse is authorized to work immediately upon arrival.    
    Spouse receives Social Security Card and Green Card within 2 or 3 weeks after entering the US    
    Opening a bank account, getting a driver's license, etc. are very easily accomplished with GC, SS card, and passport.

    Spouse has legal permanent Resident status IMMEDIATELY upon entry to US.
  �


 


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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5 minutes ago, Charlie&Kate said:

I knew he put a suspension on NEW Green Card processing from April and it looks to have been extended for the rest of the year based on these articles, although obviously they may not be the most reliable sources...

That is incorrect.  There has been no suspension on Green Cards.  I have seen Executive Orders regarding certain visas outside the US......but there is no suspension for adjustment of status applications within the US.

 

The media has gone wild with misinformation.

Edited by Lucky Cat

"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: K-1 Visa Country: United Kingdom
Timeline
4 minutes ago, Lucky Cat said:

That is incorrect.  There has been no suspension on Green Cards.

I knew he put a suspension on NEW Green Card processing from April and it looks to have been extended for the rest of the year based on these articles, although obviously they may not be the most reliable sources...

 

https://www.bbc.co.uk/news/world-us-canada-52391678

npr.org/2020/06/20/881245867/trump-expected-to-suspend-h-1b-other-visas-until-end-of-year
https://www.rollcall.com/2020/06/12/administration-puts-hold-on-green-card-requests-from-us/

 

I'm having trouble finding any more information on the White House Website.

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5 minutes ago, Charlie&Kate said:

I'm having trouble finding any more information on the White House Website.

I have seen EOs concerning certain visa types and travel.....but nothing to suggest there is a suspension of green card applications.


"The immigration process demands a great deal of knowledge, planning, time, patience, and money.  A deficit in any of these areas can spell heartbreak."

   -GB, "old man of much life experience"

 

Retired 20 year United States Air Force Missileer (Retired E-8)

Retired Registered Nurse with practice in Labor/Delivery, Home Health, Adolescent Psych, Adult Psych

Retired IT Professional, Software Developer, Database Manager

 

 

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Filed: Citizen (pnd) Country: Haiti
Timeline
1 hour ago, Charlie&Kate said:

Hi guys, 

 

We're currently waiting for our NOA2 and the decision is predicted at the end of this month (UK fiance). Obviously, thanks to the pandemic, we're now looking at facing a number of issues ahead of us and I wondered if anyone had any suggestions or ideas on these. Here's the list of potential pitfalls I can think of...

 

1. Passport issue - A passport valid for travel to the United States and with a validity date at least six months beyond your intended period of stay in the U.S. (unless country-specific agreements provide exemptions) is required for the Visa to be issued. My current UK passport is valid until May 31st 2021... with the delays in processing both at USCIS and the London Embassy, I feel like I'm going to need to apply for a new passport before I go for my medical appointment/interview etc...what do you guys think, and do you have any recommendations or ideas?

 

2. Expiration Date for NOA2 - 3 months; extended for an extra 3 months for up to 1 year. I was uncertain about this, because obviously with a large backlog once embassies reopen, is it likely to be extended beyond the 1 year if the NOA2 date hits this threshold? Or will we need to file again?

 

3. When I enter the USA to marry my partner, what happens if marriages are restricted and we can't get married within the 90 day window? Will I still be able to marry my partner in the USA outside of this? I'm worried that when we're finally together, we get a knock on the door from homeland security...

 

4. When we are finally married, what are the legalities of me being in the USA beyond the K1 visa if the USCIS is still not accepting I-485 Green Card applications?

 

Thanks in advance for all your help!

 

Charlie & Kate x

If you can renew your passport now go ahead and renew it; I am unsure what or if there are current limitations on renewing UK passports at the moment. 

NOA2- embassy extend them; you don't have to worry about that

There aren't marriage restrictions.. and if there is in your town go to another part of the state or visit another.. you have 49 other states to visit to marry ; we are a big country. Las Vegas is always an option. 

After you marry you file for adjustment of status and highly recommended EAD and AP. These were never "not accepted" but are taking much longer to process that pre-COVID. If you don't file for AOS after 90 days you are out of status. 


Our K1 Journey    I-129f

Service Center : Texas Service Center   Transferred? California Service Center on 8/11/14

Consulate : Port au Prince, Haiti             I-129F Sent : 4/14/2014

I-129F NOA1 : 4/24/14                            I-129F NOA2 : 9/10/14

NVC Received : 9/24/14                          NVC Left : 9/26/14

Consulate Received : 10/6/14 CEAC status changed to ready

Packet 3 Received : 10/27/14 packet received by petitioner in USA ( beneficiary never received packet 3)

Medical: 10/30/14 Dr. Buteau                  Medical picked up: 11/3/14

Packet 3 Sent : 11/10/13.. Had to schedule interview appointment and attach confirmation receipt to packet

Interview Date : 12/1/14                           Interview Result : Approved !

Visa Received : 12/10/14 picked up at Jacmel location

US Entry : 12/15/14 Fort Lauderdale, Florida

Apply for Social Security Card: 12/30/14 Connecticut

Marriage: 1/26/15

 

Adjustment of Status

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Biometrics : 4/15/15

Approved: 8/31/15                                     Received: 9/8/15

 

EAD

CIS Office : Hartford                                  Filed : 3/18/15

NOA : 3/25/15                                            Approved: 6/12/15

Received: 6/20/15

 

Removal of Conditions I-751

Filed: 8/14/17 at VSC                                 NOA: 8/15/17 Received 8/21 by mail

Biometrics: Dated: 8/25/17   Received 9/2/17   Appointment 9/11/17 

Approved: 10/23/18 -no interview

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Filed: K-1 Visa Country: United Kingdom
Timeline
13 minutes ago, Luckycuds said:

If you can renew your passport now go ahead and renew it; I am unsure what or if there are current limitations on renewing UK passports at the moment. 

NOA2- embassy extend them; you don't have to worry about that

There aren't marriage restrictions.. and if there is in your town go to another part of the state or visit another.. you have 49 other states to visit to marry ; we are a big country. Las Vegas is always an option. 

After you marry you file for adjustment of status and highly recommended EAD and AP. These were never "not accepted" but are taking much longer to process that pre-COVID. If you don't file for AOS after 90 days you are out of status. 

Thanks so much! 

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Filed: AOS (apr) Country: Philippines
Timeline
49 minutes ago, Charlie&Kate said:

I knew he put a suspension on NEW Green Card processing from April and it looks to have been extended for the rest of the year based on these articles, although obviously they may not be the most reliable sources...

 

https://www.bbc.co.uk/news/world-us-canada-52391678

npr.org/2020/06/20/881245867/trump-expected-to-suspend-h-1b-other-visas-until-end-of-year
https://www.rollcall.com/2020/06/12/administration-puts-hold-on-green-card-requests-from-us/

 

I'm having trouble finding any more information on the White House Website.

I have a friend who did AOS and was approved on June 18.  That debunks that April theory. 

 

 


YMMV

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