Bots2012

Hi VJ community,

My husband immigrated to the US in 2012 on a fiance visa. I included his biological son on the initial I-129f. My husband was naturalized as a USC in 2017 and we are now ready to submit an I-130 for his son to come live with us (the son is still under 21). My husband is the petitioner as a USC. I have been trying to find an answer to a fairly simple question:

One of the items on the I-130 is "Has anyone else ever filed a petition for the beneficiary?" -- should we answer "yes" since the son was included on my husband's initial's I-129f?

Thanks in advance for your guidance. This community is amazing. 

Green card arrived today!! So happy to not have to think about immigration for a while!

Thanks so much to the VJ community for answers our questioning and helping through. Your are the BEST!

Hi everyone! We had our AOS interview this morning at 7:30am in Seattle. In went smooth, we had all of our documents in order and the IO was satisfied with all of the responses to his questions. He ended the interview with, "Everything looks good. I will do a final review of your case and you can expect something for us in the mail within 2-3 weeks". He didn't explicitly say approval and I thought it would be presumptuous to ask. The paper gave us had "Final Review" ticked. However, just now, 3 hours after our interview, our we received a notification from USCIS about our case status. It now says:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Card/ Document Production

On April 9, 2013, we ordered production of your new card. Please allow 30 days for your card to be mailed to you. If we need something from you we will contact you. If you move before you receive the card, call customer service at 1-800-375-5283.

This step applies to applications that result in an applicant receiving a card (such as a "green card") or other document (such as a naturalization certificate, employment authorization document, travel document, or advance parole). Applications will be in this step from the time the order to produce the card/document is given until the card/document is produced and mailed to the applicant. You can expect to receive your card/document within 30 days of the approval of your application.

Does this mean approval!? My husband has already received his EAD/AP.

Thanks!

Congrats to all of the approved AOS couples!

We just got notice of EAD and AP approval....that's within 2 months of NOA 1 with an RFE, they are moving fast!

Interview on April 9th....so great to hear the other experiences on this thread!

Awesome idea! Pressure on us then since we're next in line

Just got our letter....4/09/2013 at 7:35am in Seattle!

Can't wait to hear the other Seattle couple's story on 3.21.2013...Good luck everyone!

In case anyone was curious, the Seattle USCIS hours are 8am to 4pm

https://egov.uscis.gov/crisgwi/go?action=offices.detail&office=XSE&OfficeLocator.office_type=ASC&OfficeLocator.statecode=WA

I am guessing most offices have this type of info available online if people wanted to search.

You said you went at 1pm...was your appointment for earlier? Does it really matter what time our appointment is so long as we arrive on the same day? I am too worried to arrive late! Thanks for the helpful info about finding the place.

We arrived at 1pm and we pulled our numbers right then. Our INFOPASS appointment was scheduled for 2pm and our biometrics was scheduled for 3pm. There was no line and our number was called within minutes. We were completely done with INFOPASS and biometrics well before 2pm. They didn't make us wait until our scheduled appointment because there was no one waiting ahead of us.

Hi Bots that was me posting about Seattle. Glad to hear your appointment went well! Yeah I also decided not to gamble after reading those posts. My appointment is this coming Friday early in the morning and I'm so nervous I will have a hard time finding the right place and the right door. Hopefully it's not too hard to spot? I plan on being there as early as possible. Any idea when they actually open? Congratulations on your updated status and here's hoping it goes smoothly!

We took a bus to Tukwila from downtown Seattle. It was easy to find with Google maps. The building was imposing and had a big flag but lack apparent signage. There are people to direct inside, it was super easy to find the right place. I had to work in the morning, so we could only go at 1pm. I am not sure what time they open, but you should be able to Google that too. Good luck!

Hi fellow January AOS filers! We are adjusting my husband's status from a K1. We got an RFE for initial evidence (1/28/2013), responded quickly (after infopass appt and lawyer visit to make sure we covered everything)the same day as biometrics (2/12/2013). Just got the "Testing and interview" status update on Friday (3/1/2013) only 2 weeks after biometrics and submitting RFE response!

There was someone from Seattle posting on here before...Our biometrics appointment was on a Tuesday at 3pm (Feb 12). It was absolutely dead in there. We scheduled an Infopass appointment regarding our RFE the same day at 2pm. We arrived at 1pm, took our number and were completely done with our Infopass appointment and his biometrics before 2pm. We had also read the post about the 9-months-pregnant lady trying for a biometrics walk-in who sat all day and wasn't helped and decided not to gamble. I'm sure the wait times vary, but it went very quickly with us. Two weeks later, we got the "testing and interview" update.

Just received this notification from USCIS via email:

Application Type: I485 , APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS

Your Case Status: Request for Evidence Response Review

On February 15, 2013, we received your response to our request for evidence. This case is being processed at our NATIONAL BENEFITS CENTER location. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283. We will notify you by mail when we make a decision or if we need something from you. You should expect to receive a written decision or written update within 60 days of the date we received your response unless fingerprint processing or an interview are standard parts of case processing and have not yet been completed, in which case you can use the processing time information on our website to estimate when this case will be done. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

Once a timely response to the request for evidence is received by USCIS, we review the evidence or information you submitted. If you submitted the requested evidence, we continue with the adjudication of your application or petition in light of the new evidence.

Does this mean that we can expect a decision on our case within 60 days? (biometrics is already completed

Thanks for your helpful responses! Although it is a pity to know that there will be much anxiety in the next waiting phase....I would have liked a "case resumed" notification or something to that affect!

Before mailing, we brought our RFE response packet to an immigration lawyer and also had an INFOPASS appointment to go over all over our contents with an immigration officer.

I guess it's another round of anxious waiting!

As always, thanks for your help, VJ community.

Is it possible to call to find out?

Hi everyone, we just got confirmation that our RFE response was received (return receipt). How do you know when processing has resumed on your case? The online status system has been very, very off in the past and not always updated. Do you receive something written in the mail?

Thanks

Hi everyone, we recently submitted our AOS package and got an RFE shortly after. I'm concerned because the evidence requested does not seem applicable to our case, mainly the request for household member's income/tax returns. Neither I-864 included in our I-485 application (from petitioner and joint sponsor) included any additional household incomes. We filed 2 separate I-864 forms (not I-864A). Below are the evidence items requested and our planned responses. We have an INFOPASS appointment next week, but I wanted to share this with VJ to see if anyone else has experience with this RFE and can weigh in. Any help will be appreciated Thanks!

X The joint sponsor’s income on the Federal income tax return does not meet or exceed 125% of the poverty guideline. The joint sponsor lists income on Form I-864 as an amount as sufficient; however no evidence has been submitted as proof of current income. Submit evidence of joint sponsor’s current income. Such evidence include: Letter of employment, dates of employment, nature of job, etc.

The joint sponsor is my wife’s maternal grandmother. As noted on her Form I-864, she is retired and 78 years old. As detailed on her IRS tax transcripts for 2009, 2010, 2011, which were submitted in my original application, her income is comprised of 4 pensions. Attached to this letter are a copy of the joint sponsor's Form SSA-1099 as well as three 1099-R forms for private pensions for the current tax year (2011) which exceeds the 125% poverty guideline. I am re-submitting my joint sponsor’s tax transcripts for 2011 as reference as she has not yet completed her 2012 tax returns. I have included the Form SSA-1099 as well as her three 1099-R forms for 2012 to prove current income status since her tax transcripts for 2012 are not yet available.

X For the household member’s income to be included in the household income, the household member’s income must have been from a lawful source and earned while the household member was authorized to work in the United States. Please submit evidence that the household member was authorized to work in the United States

There is no income from household members listed on either Form I-864 that I submitted with my I-485 application. Our joint sponsor does not have anyone else in her household and has no other dependents as described on her tax transcripts and her Form I-864. Attached you will find a copy of our joint sponsor's Form I-864 and a copy of her tax transcript (2011) for reference. My wife listed myself as a household member with an income of “none”. I have attached a copy my wife’s Form I-864 original submission as reference. Therefore, there are no supporting documents for household member’s income. I do not have approval from DHS for employment and I have not been employed since my arrival in the United States.

X The household member on the joint sponsor’s Form I-864, Affidavit of Support, must submit the Federal Tax Return submitted to the IRS from the most recent tax year.

There is no household member listed on the joint sponsor’s Form I-864. Please see the copy of my joint sponsor's attached Form I-864 for confirmation.

Hello fellow January AOS filers! We are applying for AOS from a K1 visa (see timeline).

I see that some of you actually completed your biometrics before your scheduled appointments. How were you able to do that? Can you just drop in or did you call and reschedule your appointment to an earlier time in advance? My husband received his biometrics appointment letter for mid-Feb, I was wondering if we could try and go sooner.

Thanks

Hi VJ,

My fiance arrived from Botswana on a K1 visa on September 28th and we are getting married on December 12th. We are looking ahead at the AOS paperwork. Unfortunately, he didn't get a copy of his medical records/vaccinations from the doctor he went to for the K1 paperwork in Johannesburg. He is on my health insurance so I am wondering if we can go to a provider in our network to do all the medical tests, etc to save money and then bring the paperwork to a USCIS civil surgeon to fill the I-693 or doe the civil surgeon actually have to be the one conducting the tests?

I've seen in other threads that the civil surgeons make you pay even to just fill out the I-693, but is this will the paperwork from the K1 medical paperwork exclusively or from any provider?

Thanks

Hello,

My fiance arrived 2 weeks ago on a K1 and our wedding is scheduled for 12/12/2012. Our AOS paperwork is all filled out and ready to go as soon as we have our marriage certificate. I know that it is very clear that he cannot work until receiving EAD a few months after we submit the AOS application, but what about studying? More specifically, studying in a vocational program like medical assisting, EMT, etc? He's not looking to enroll at a university, but it seems like doing some vocational training would be a great idea while waiting for EAD if it is a legal thing to do.

Anyone with experience out there?

Thanks

Assuming that your fiancee is from the Philippines...

Under Philippine Law, only the biological mother has legal (and full) custody/right over her ILLEGITIMATE children.

In our personal experience, my husband was petitioned by his father (under f2b) back in 2001 and was able to migrate with our 3 kids in 2011.

During that time, we were NOT yet married (since he has to maintain "single" status in order to be retained in the f2b category) and our children were illegitimate in their Birth Certificates.

I asked the DSWD (Department of Social Welfare and Development) if I (as the biological mother) have to secure a TRAVEL CLEARANCE in order for my fiancee (then) to be able to travel abroad with our children. DSWD said that I don't need to secure a travel clearance since the children will be traveling with their biological father under an IMMIGRANT VISA. In other cases, if illegitimate children are traveling with their father to a country under a visit/tourist visa or without a visa, they would need to secure a travel clearance signed by the mother.

I didn't secure a travel clearance (as advised by DSWD) however, during the Pre-Departure Orientation Seminar (PDOS) at the Commission on Filipinos Overseas (CFO) I was required by the PDOS officer to SIGN on our children's PDOS Forms as proof that I am allowing them to migrate with their father. The officer also photocopied my 2 valid I.D. cards and attached it to the kids' PDOS forms.

In your case, since the mother is no longer in contact with the child (and father/your fiancee), I would advise that you ask help from the DSWD so that they can assist you in asking for a WRITTEN and NOTARIZED CONSENT from the mother (granting you still have her last known address). A friend of mine was in a similar situation but he was able to get the mother to write a letter giving him consent to bring their children to the US. He had the letter notarized and he showed that letter to the PDOS officer and at the airport immigration.

Thanks so much for your comments. My fiance is from Botswana which sounds similar to Philippines--only the mother has full legal custody over children born out of wedlock in Botswana. I guess the best way forward from here is to speak with officials in the Ministry of Social Welfare to figure out what is needed to transfer legal custody to my fiance. Also, although my fiance is the sole supporter of his son and the child lives with his family, that doesn't necessarily mean the biological mother will agree to having him immigrate to the US. Hopefully we will be other to sort this out and have consent before the child is ready for school is 2 years.

Hi everyone, I have a question I was hoping some of you would have some experience with:

Our situation--I am a USC and my fiance will be joining me in the US on a K1 visa next week. He has a son and we would really would like to have him live with us in the US eventually. His son was included in the initial I-129f, but we will mostly likely wait until we are more established financially and go the I-130 route. He is 3 1/2 years old and will live with my mother-in-law in their home country while my fiance and I sort out AOS, EAD, etc. The biological mother of my fiance's son is alive, but does not support the child in any way. The child has been living with my fiance's family since he was 4 months old, when my fiance and the biological mother ended their relationship. However, my fiance has no legal documentation that he has custody of his son. His name is on the birth certificate, but there were never any legal proceedings to warrant custody with a court order. Culturally for them, it is very normal for the paternal or maternal grandmother to raise kids, but we'd like to have the child here within the next 2 years so he can begin school on time.

Our question--I've read in other posts that it was only necessary to have a letter from the other biological parent stating that they grant permission to have the child immigrate to the US, is this true? You don't need a more official document from an actual judge granting legal custody or something? Is a letter and birth certificate really enough?

Thanks for reading this long post. We appreciate your guidance.

Hi VJer

When my fiance's visa was approved, and we only included our co-sponsor's 3 most tax transcript's because their income exceeded the requirement. That was fine although the instructions said to have bank statements, pay stubs, etc. Does the I-864 also work that way? If you have enough documented income you don't need further financial evidence? Or was only needing tax transcripts a consular dependent phenomena?

Thanks!

Greetings fellow Feb Filers! Just popping in to say that my fiance had his K1 visa interview today in Johannesburg and was approved!! We are ecstatic! I want to thank you all for updating your timelines, answering questions, and generally "being there" through this long process. To those of you that are still waiting to get to this point--may your petitions and interviews be approved soon!!

Here's to moving forward! All the best from Seattle

Thanks for your help! VJ has really been a godsend for us during this whole process. We're praying things go smooth at the interview on Aug 28th and then my questions regarding AOS will start rolling into VJ!!

Thanks again for your help, $110 less is a welcome surprise!!

Hi VJers,

Anyone with recent K1 visa interview fee experience? There was some discussion about the fee changing from $350 to $240 earlier this year, but my fiance's Packet 4 still states $350, but it's a general letter for all family-based visas. His interview is August 28th in Johannesburg, South Africa although he is a citizen of Botswana. Just was wondering if someone recently had a K1 interview and actually only paid $240. Thanks!

I've seen this question answered a few times in other threads, but no respondents had a definitive answer.

If you meet the income requirement for the I-134 and have your tax returns as evidence, is it necessary/required to provide information regarding your assets? The VJ example of I-134 for K1 just leaves the asset fields blank.

Thanks

I don't think AP takes that long...I could be wrong though.

The Moldovan embassy does not usually let us drop off the packet 3 in advance either, but my fiancee was going on vacation and we wrote them an email with the case # and they agreed to take it early. I was thinking they would not let us schedule the medical exam but they did that too. Finally today we asked for the interview date but I think they are not replying to our email request until they pick up the package from DHL. Understandable. Anyways they are letting us schedule this stuff really fast. I think we are just lucky that the Moldovan embassy is really easy to work with. Very nice people.

I called the Johannesburg Consulate today regarding the police clearance process for applicants from Botswana (most Southern African countries are processed in Joburg) and they were also able to tell me that our file was on it's way and emailed our Packet 3 immediately. I called NVC after and they confirmed our file was mailed out on Monday. This is VERY different (and better) then info I received last week from NVC. I'm happy being in AP didn't mean months more of waiting for us. Thanks so much for your help and I'm so excited that so many Feb filers are moving right along!

I think my fiancee is going to be here in the next 2 weeks.

Her NVC package is at DHL waiting for an embassy person to pick it up from the DHL store in Chisinau.

We wrote the embassy a letter and they let us drop off the Packet 3 today, so that's done.

She was just able to schedule her medical exam for monday.

Now she's trying to schedule the visa interview for next week. If that happens, she'll be coming to the USA soon.

Wow what a relief. This process has been a major pain. But it has really really accelerated quickly since the NVC sent out the documents.

Wow! So happy for you!! I was able to get my NVC number last Friday but was also told that our file was in "additional processing" and that there was "no time frame for how long it could take to send to the consulate". I've checked all the "stuck in AP at NVC" threads on VJ and it seems like there is no definition of what it exactly is or how long it can take. I am praying that it is just a term for whatever they need to process before mailing it and that it gets sent in the 7-10 day range. The Johannesburg consulate does not allow you to book your medical appointment or receive packet 3 until after they receive your file from NVC. Have any other Feb filers with NOA2 gone into AP at NVC??