Rich&Vero

So do I

1. Apply 1st after waiting 1 week when she arrives ? (why - is it because the name has to go in the system 1st)

or

2. Wait till we get married and then apply - that will require no name change

Thanks again

d

This guide on VJ explains the process for K-1 holders and why you should wait (but not wait too long) to apply for SSN: http://www.visajourney.com/forums/index.php?autocom=custom&page=ssn

If you wait too long, and your I-94 expires, they won't issue an SSN until you have a GC. (I think)

I am ok with it being returned, unfortunately these things do happen, hopefully in a timely manner Do you know if it takes a while to be returned?

Well, the good news is it shouldn't take very long to get it back. That's why I said you'd probably hear something, one way or the other, by the end of the week. That's the whole reason they added the Texas step. It used to be that you had to send it directly to Vermont or California depending on where you live. Now they all go to Texas, where their only job is to make sure the forms are filled out properly and cash the checks. This makes sure that petitioners get their applications back quickly if there's any problems, and it also eases the load at the other two service centers, as they only have to deal with complete and accepted applications.

This prosess is so intimidating, I know you can relate, so for me if one thing doesn't go smoothly I freak out.

I think everybody who files this goes through pretty much the same thing. I know I still am. But if your petition comes back (and I think, unfortunately, it most likely will), take the time to go over it once more. From what I've seen on this site, embassies are notorious for spreading bad information. You already got one piece of wrong information from the embassy, make sure everything else is A-OK before sending it back. Use this site, the USCIS site and don't be afraid to ask around if something isn't clear.

Hey guys,

Welcome to Visa Journey! If you have any question regarding your application or so, don't hesitate to ask. I'm also from Spain and it's always very nice to have somebody to ask questions during this process. Good luck!

Hey!

I see you just got your NOA2! That's Great! ....could you just check and make sure they didn't send you ours by mistake....

Congrats! You'll have to let us know how the embassy is!

I'm done with this and started to date someone else in USA without the approval of goddamn the INS.

That'll show 'em...

ah... no fair. One thing I don't miss about NJ is dealing with the DMV... that is, until I had to deal with the OMV here in LA...

and I also sent $350.00, but I did that because on the US Emb. website for Bogota it said the fee was that much....

That may be the issue. They do withdraw the funds electronically, but they also send a photo copy of the check to your bank for verification. I imagine it could cause problems if they withdrew $340 and sent a copy of a check for $350. Either way, I imagine you should get something by the end of the week.

Not receiving the notice is one thing. The check not being used is another. BTW: check your bank account carefully. They don't actually cash the check, they use it to make an electronic withdrawal from your account. If you see a debit for $340, then you know they are processing your application. Also, did you include a G-1145? Doing so means they will email and/or text you when they process the application.

I also mailed my I-129F on July 18th (USPS Express Mail to Lewisville). I got an email and text on July 21st and my NOA1 in the mail yesterday. Expect it to take a little bit longer if you sent it to the Lockbox in Dallas.

Does my co-sponsor need to show the most recent tax return ? I thought it was only if they were self-employed.

Yes, your co-sponsor needs to submit the most recent income tax return together with all W-2's and 1099's. And although only the last year is required, they may ask for the last 3 years to show consistency. So better to have them ahead of time.

My driver license will expire in Sep.

I don't like to go to our local DMV office. It's always crowded and waiting forever.

What do you do when your driver license is going to expire? How long does it take to get the new green card?

What state do you live in? Most have an option to renew online. Check out the DMV website for your state... or this website: http://www.usa.gov/Topics/Motor_Vehicles.shtml

Geez, have they gotten pedantic or what? It's ridiculous. Black and blue have always been acceptable...

Hmm.. yes, I agree... shallow and pedantic...

1) my fiance is a college student so we are going to have to use her father for the AOS he has a stable job and steady income.. anyone see any issues with this?

2) does the AOS have to be a USA citizen/resident?

3) can someone explain what happens after we recieve the NOA2?

4) as most of the time ive know my fiance has been soley based over the internet we dont have much in the way of records of communication from years gone by, although we do have some recent emails and phone records from the last couple of years. will it be a problem not having the early stuff?

4) I am aware that I need to have a medical done. can it be done at any stage or does it have to been done right before my interview?

5) Any advice for the next steps?

1) I assume you mean her father will co-sponsor on the affidavit of support. This is not a problem as long as he makes at least 125% of the Federal Poverty Guidelines for a household of 3 (unless he has other dependents as well) or $23,162.

2) The co-sponsor may be any US citizen, US National or Lawful Permanent Resident who lives in the US, its territories or possessions. HOWEVER, some consulates REQUIRE that the co-sponsor be an immediate family member of the petitioner.

3) Recommend that you read the guides for this one.

4) Consulate needs to determine if the relationship is bona fide today. Evidence of a relationship from 8 years ago is less relevant than more recent evidence. Evidence from the last 2 years will be the most important. It won't hurt to bring some photos from earlier years if you have them.

4b) The medical needs to be done within a certain time before the interview. The embassy will send you a packet of information including what you need for the medical. Some embassies require that results be sent directly from the doctor. So don't do this until you are instructed.

5) Keep reading this site! You're almost there!

I'm helping a friend with his I-864. His income isn't that much higher than the minimum. Around $31K to sponsor his wife.

He is submitting all 3 years of IRS transcript and 1040 of 2010. No W2s because he is self-employed. What else should he also include?

If there are no other dependents involved, 31K is well above the 125% Federal Poverty Guideline ($18,387)

Also he must include the entire 1040 including schedules and any 1099s

In october I intend to transfer some of the cash into a US based US Dollar savings account in my name, will this be counted x3 as it's in the US, or as 5x as it's not in my by then spouces name?

Also, the rest of the money I have will still be in the UK in a sterling savings account. Will this cause a problem for the I-864? Does the money have to be in dollars or is it still okay in currency based abroad?

It is in your name and is therefore still subject to the 5x rule.

Foreign currency is fine as it is easily converted.

Phone records are only 1 type of evidence. My fiancee and I can't talk on the phone. She's got a lousy cell provider and I can't get through to her from a land line or my cell in the US. Just provide more photos or other evidence and if it comes up in the interview, explain the situation. Should be alright.

Hey! Congrats and Good Luck!

This is from the USCIS Public Charge Fact Sheet

http://www.uscis.gov/portal/site/uscis/menuitem.5af9bb95919f35e66f614176543f6d1a/?vgnextoid=775d23cbea6bf210VgnVCM100000082ca60aRCRD&vgnextchannel=8a2f6d26d17df110VgnVCM1000004718190aRCRD

Benefits Not Subject toPublic Charge Consideration

Under the agency guidance, non-cash benefits and special-purpose cash benefitsthat are not intended for income maintenance are not subject to public chargeconsideration. Such benefits include:

· Medicaid and otherhealth insurance and health services (including public assistance forimmunizations and for testing and treatment of symptoms of communicablediseases, use of health clinics, short-term rehabilitation services, prenatalcare and emergency medical services) other than support for long-terminstitutional care

· Children's HealthInsurance Program (CHIP)

· Nutrition programs,including the Supplemental Nutrition Assistance Program (SNAP)- commonlyreferred to as Food Stamps, the Special Supplemental Nutrition Program forWomen, Infants and Children (WIC), the National School Lunch and SchoolBreakfast Program, and other supplementary and emergency food assistanceprograms

· Housing benefits

· Child care services

· Energy assistance, suchas the Low Income Home Energy Assistance Program (LIHEAP)

· Emergency disasterrelief

· Foster care and adoptionassistance

· Educational assistance(such as attending public school), including benefits under the Head Start Actand aid for elementary, secondary or higher education

· Job training programs

· In-kind, community-basedprograms, services or assistance (such as soup kitchens, crisis counseling andintervention, and short-term shelter)

· Non-cash benefits underTANF such as subsidized child care or transit subsidies

· Cash payments that havebeen earned, such as Title II Social Security benefits, government pensions,and veterans' benefits, and other forms of earned benefits

· Unemploymentcompensation

Some of the aboveprograms may provide cash benefits, such as energy assistance, transportationor child care benefits provided under TANF or the Child Care Development BlockGrant (CCDBG), and one-time emergency payments under TANF. Since the purpose ofsuch benefits is not for income maintenance, but rather to avoid the need forongoing cash assistance for income maintenance, they are not subject to publiccharge consideration.

Note: In general, lawful permanent residents who currently possess a"green card" cannot be denied U.S. citizenship for lawfully receivingany public benefits for which they are eligible.

Hello Everybody!

My fiancee and I just filed for our K-1 and I'm glad we found this website first! It has been MORE than helpful! Needless to say, long distance relationships can be stressful enough. Add to that a drawn out process full of good ol' fashioned US red tape and you have a recipe for some grey hair.... (ok, more grey hair than before...)

Anyway, just wanted to say Hi and that I'm looking forward to the company as we journey through this process to our ultimate goal.

Rich & Veronica

No. The K-1 visit is good for a stay of 90 days. You need to get married AND file for the AOS within that 90 day period. If not, your fiance will be out-of-status.

Sorry.. should have read more thoroughly. That was already answered. If being out-of-status isn't a big deal to you then, yes, you can file AOS after the 90 day period.

So since the original NOA2 said September 25th on it that date does not matter now since the K1 visa was approved on July 21st? If I am reading all correctly she has 6 months since July 21st to arrive into the USA, then within 90 days after arrival we are to be married. But you can wait on filing AOS as long as you want? But she can not leave the country, work or anything like that correct.

No. The K-1 visit is good for a stay of 90 days. You need to get married AND file for the AOS within that 90 day period. If not, your fiance will be out-of-status.

Go to the interview if you are approved you will have the visa,Now you will still have the chance to think and decide if you are still going to the USA to be with your fiancee, who knows?

Agreed. Having doubts about your relationship due to a recent arguement is not a reason to abandon the relationship. You can still attend the interview, pass it, and receive a k-1 visa. Once you have the visa, the choice is yours whether or not you use it. It expires in 6 months, so you have that time to work things out with your fiance or decide that things can't be patched. Leave yourself with as many options as possible.

Yes, I did the same. cover letter showing order of documents, each section paper clipped and a large clip holding the whole thing together. Went through without a problem.

Same here as well, although it remains to be seen if mine will go all the way through without any issues. At least I know it was accepted!...

The K-1 applicant can't use their income or assets to help the USC meet the sponsorship requirements, even if they want to.

It's my understanding that a K-1 applicant CAN use assests to supplement the sponsership requirements as long as those assests can be readily liquidated.

i think 2 for each month is a good number. and i would leave out any photos with 1 person in them. only use photos showing the 2 of you, or showing him with your relatives, or you with his relatives. These are especially good if you have supporting letters from those relatives testfying to the validity of your relationship.

Too many photos, or photos that look like they were taken specifically for this process (ie photos with 1 person in them) may raise a red flag at the interview per a fraud checklist that I saw floating around the forum somewhere.

I've seen this questioned addressed on legal forums a couple of times. In both cases it was stated that a K-1 visa is impossible to get until the 2-year home residency requirement was met. However, after reading a bit of the INA Act, I don't think this is completely accurate.

Sec. 212(b)(regarding J-1 Visas) (e) No personadmitted under section 101(a)(15)(J) or acquiring such status after…shall be eligible to apply for an immigrant visa, or for permanent residence,or for a nonimmigrant visa under section 101(a)(15)(H) or section 101(a)(15)( L) until it is established thatsuch person has resided and been physically present in the country of hisnationality or his last residence for an aggregate of a least two yearsfollowing departure from the United States…

What that says to me is that your fiancee is ineligible for H or L visas but is completely eligible to receive a K-1 visa and re-enter the US. However....

Sec. 245. [8U.S.C. 1255] (regarding adjustment of status)

©1/ Other than an alien having an approvedpetition for classification as a VAWA self-petitioner, 1aa/ subsection (a) shall not be applicableto…

(8) any alien who wasemployed while the alien was an unauthorized alien, as defined in section <a href="http://www.uscis.gov/ilink/docView/SLB/HTML/SLB/0-0-0-1/0-0-0-29/0-0-0-8501.html#0-0-0-4081">274A(h)(3) , or who has otherwise violatedthe terms of a nonimmigrant visa.

That implies that, once here, she still cannot apply for AOS as the terms of the J-1 visa would have been violated. The 2-year residency must be served in the country of citizenship or the last country of permanent residence prior to coming to the US on the J-1 visa. I would suggest looking into the possibility of a waiver.