jedigrover

Yes, I have emails stating approval, transition to NVC, printout from their website at the time showing approval / post-decision activity, letter from NVC, letter from consulate including a signed/stamped approved copy of the I-129F.

I will just do the AOS with this as evidence in place of the NOA2 & a letter of explanation. If they RFE, then I think that would be the time to get an infopass appointment. No?

Married 27 days after entry.

Sounds like the I-130 stuff was just bogus and will cause more headaches.

OK, my misunderstanding of terms.

My question still remains, it is reasonable to file I-130 for someone who entered on a K-1?

My fiance came over on a K-1 Visa and we married here. I was preparing the AOS documents and I never received the NOA2 from USCIS.

USCIS tells me I have to file I-824 with $405 to get a copy.

Another post here says no, you don't--get an InfoPass appointment and maybe you'll be OK.

In addition, when the Consulate sent me the letter that they were processing our petition, they included a photocopy of the original I-129F with the approval stamp.

The law office we visited to get translations for the I-485 paperwork advised that it will take 3 months to get that document by the I-824 route, and suggested that we should file I-130 along with the I-485, with the $420 fee for I-130 to convert over to the CR1.

Questions:

1) Will the photocopy of the I-129F with the USCIS approval stamp and signature suffice to stand in place of the NOA2? I also have the email they sent me saying the approved and were mailing the NOA2, as well as the NVC email and letter.

2) Would I really need to do the InfoPass appointment? It looks like it takes 3 weeks to get an appointment in Dallas.

3) Does a K-1 visa spouse even qualify to file I-130? It is my understanding that there are some things that can trigger all kinds of bad things to happen if you file I-130 for the wrong reasons?

4) If I file I-130, I believe I have to get sworn affadavits, correct? Because until she gets conditional permanent residency, the bank doesn't seem willing to put her on my account, nor can we apply for even a basic ID card at the drivers license office. However, we did get her a social security card already (haven't changed the name on it yet).

Advice?

Update:

I sent everything by DHL Express & it arrived Monday morning. She filed it and they had her wait while they reviewed it. They prepared a pink paper for her, which they kept along with her passport. They told her 10 days - 2 weeks, they will send the visa by DHL. No extra interview required.

I'm a little in a state of disbelief, but this is great news!

I'm trying not to get too excited until I actually see the visa.

She learned the outcome while I was asleep and did not message me. This morning when I got on Skype with her, she was smiling and told me the news.

It feels like a great weight has been lifted!

Thanks for clarifying. You two then seem to be communicating as best as you can.

It can be nerve-wracking just facing the reality that a total stranger (CO) has your entire future in his/her hands. What really upsets me a lot is seeing genuine couple who love each other, like the people on this site, having to jump through fire hoops to be united the legal way, when there are so many in the USA who are here illegally and have no obstacles to overcome to adjust status.

I wish you luck!

Indeed. I agree completely. I would add that if normal couples were put through the relationship test / wringer like immigration, maybe the divorce rate wouldn't be so high.

One thing that is irritating is that it is completely possible for me to meet someone in America who doesn't speak English, start an online relationship, meet them in real-life--in short, do everything I have been doing in this situation--and because it doesn't involve immigration, just go down and file for a marriage license and get hitched, no questions asked. Or fly to Vegas for the weekend. While I understand the concerns about immigration fraud, I'm not sure that seeing whether someone can answer 7-10 easily memorized facts is really helping ferret out such things. The later AOS / Green Card interviews, as I understand it, are much more comprehensive and realistic for determining whether a relationship is genuine.

I have put together a letter and backing evidence that I am sending by DHL for her to file at the consulate--after having her attorney look over it. I had it all notarized. I thought at the last minute to include a note that if another interview is required, I want to be present.

Thanks for the words of advice. I really appreciate it!

...I have found that the language barrier has been more of a reducer of potential arguments as opposed to inciting disagreements. We both make the assumption that there was a miscommunication...just did not understand what exactly I was trying to say...

And this is exactly why the CO gave your fiancee a blue slip. If she cannot understand exactly what you are trying to say, or more importantly, what the CO was trying to ask, how can the CO believe you are in a genuine relationship?

...In one year, we have only had one conversation that could be characterized in any way as a quarrel...She took a statement I made very personally when I didn't mean it in such a way...It's one of the things I absolutely adore about her: her ability to let little things go and not blow up into something big...

I'll let you in on a little secret from personal experience with my wife. She is not letting things go. She is remaining silent because she is afraid to say something that may be miscommunicated any further. My wife has a perfect command of the English language (read, write, speak on a collegate level), yet she believes she does not communicate in English effectively. So when we argue, she either remains silent or simply passes it off and moves on.

I expressed to her that it is not good to just remain silent, but she confided in me that "She remains silent or passive because she does not want to say something that I may misinterpret." Since that day, I began learning Tagalog so we can discuss our quarrels more effectively, because it is unhealthy to not have effective communication in a relationship.

I do often wonder how much of what I say is really "getting through" as opposed to just getting a nod...

Again, if you yourself are skeptical, imagine what the CO thought?

I should clarify that I get the "nod" usually when I am over there and I comment on something we see on the street, at a temple, at a market, whatever. I figure that she really didn't understand much of what I said (though she certainly can tell if I like or dislike something). If it is something trivial like that, I just take the nod and go on. If it is in our regular conversations and is something of substance we are discussing, then I never let her just "nod" it away. I will follow up with "do you understand?" Nor do I take a simple "yes" as confirmation that she understood. I follow up by asking what she thinks about that. Of course, if she answered "no" then I know she did not understand. If she volunteers "I understand," before I even ask, then I will often take that at face value--she wanted to let me know that she got it & I don't need to go probing for more.

I will also clarify that I violated all the standard "relationship advice" and jumped into the major stuff (religion, child-rearing) from the 2nd week of meeting her. The point being, if there was a problem on some of the bigger things then we would be better off spending our time looking for someone else more suitable. I know that may not sit too well with the modern crowd, but it allowed us to hit the ground running in a very serious manner.

I am not skeptical about our mutual understanding of what we each want out of the relationship, our goals in life, what we believe, how we feel about each other.

I do often have to explain shades of meaning to make sure she is clear about what I meant. I'm not surprised about that. It takes time, and one never truly stops learning even their native tongue.

I realize that she does not forget. But we have agreed to settle big things when they happen, and to choose our battles with the smaller stuff. Some things just aren't worth fighting over. Yes, I realize that some things will "pile up" and come out. These things are inevitable, but with understanding, a couple can manage it well enough to keep it from becoming a major problem. I know: I watched my parents do it for 50 years of marriage.

About understanding EXACTLY what I am trying to say...people that are fluent in the same language get twisted up into misunderstandings around subtlety of meaning or expression all the time. It is more important that she understand the main point--we can explore the details. And so, yes, I can see why the CO would be concerned. But I also believe that some consideration to the fact that we WORK with each other to ensure understanding should be given some weight. Without my explanation, I'm sure the CO has nothing to go on.

The problem Uyen is having is listening comprehension. (You say comprehension, I say listening...it is really "listening comprehension") It is generally the most difficult thing to master in learning a second language. I know from experience with Japanese. I studied for years and still had to "think" my way through a lot of stuff. While Uyen is trying to figure out what question word was used (who, what, when, where, why, how, can, may), she misses the topic; or vice-versa. This is a big reason she is much better with the written word--it is plain to see from the spelling what the question is and what the topic is.

I have begun learning some Vietnamese. The tonal nature is very challenging, but I would like to communicate with her family as they all seem like such lovely people (and I would love to know what it is they are saying about me!)

Well, I'll answer anyway. Maybe you can spot something that they are suspicious of.

She is from Saigon. I actually met her before I met her uncle. However, he was (part of) the conduit to introduce us.

I have a friend/co-worker, who has a friend, who married her cousin (a niece of the uncle on the other side). They noticed I was single and very traditional and quiet, into Asian culture (I am rudimentary-conversational in Japanese, though it is getting rusty) and got to talking. Out came the iPhone and the photos of her friend that they thought I'd be a good match with. They first wanted to introduce me to her friend (who is from a smaller town) but after one email exchange, we did not click. I thought everything was done and a few weeks later they emailed me a photo of Uyen & asked if I was interested in talking to her, because she doesn't seem to be finding the right guy in Vietnam. The subject came up at dinner at the uncle's house and they said "well, we know this great guy..." Maybe I can do what they did... I took a chance, thinking it would again lead nowhere.

We emailed at first, and then I tried an audio-only Skype call which was disastrous and almost made me give up. What kept me interested was when she said she would go to an English class if I would give it another try. I've had several people try to set me up before, and never had the other person show effort towards making something work. At this point, it was just pen-pals, but we started from the get-go laying out the idea that we were both looking for a spouse. We both would like children, and the clock is ticking so to speak.

So I was intrigued by her show of effort and decided to give it a go. From that point on, we used video & text with audio and it was much better. I saw her English improve and we found that we had a lot of the same interests. I told my Mom that I was going to fly over and meet her & that if we had a physical connection, I was already sure I would ask her to marry me. We did, I followed through, and went to her parents' house to ask permission--via Google Translate and Uyen--and I think a phone call with the uncle back in the states (who still had not met me, but had heard good things about me) & I was welcomed into the family.

I went back about 2.5 months later for a traditional engagement. We flew to Da Nang together and met her mother's side of the family. I've met some of her friends who now live in London when I was there last. They are already making plans to come visit us in the U.S. next summer if we get everything worked out.

Certainly, I got a lot of the question "how do you guys talk"? I usually say "slowly, in simple words, and with the help of modern technology and patience." And soon after, the person asking the question usually downloads the Google Translate app & goes "oh, wow!"

In my initial I-129F petition, I gave a lengthy explanation as to how we came to know each other (though I did not mention the other woman they first wanted to introduce me to) and how we learned to communicate despite the language barrier. (this was on the supplement question)

I'm pretty convinced that I'm the only person on planet earth who has bothered to read that letter.

Heh, I'm aware of the cultural difference. I can often tell when she disagrees or is upset with me because she is aloof. She has commented on my ability to "read her mind" meaning that I can usually tell her mood even when she is trying to hide it.

I have no idea what would have made for a concern prior to the interview. We are as straight-up as I can imagine anyone being.

My original plan was to be there for the interview. However, things went so long at USCIS TSC that we decided it might not happen this year & I went to see her for the 3rd time and used up all but 1 of my remaining days off for the year. In hindsight, we should have opted for a later interview date (closer to December) and had more time to work on English & for me to see if I could work in some time off, even if I have to pay for it.

From their FAQ:

17. I am a petitioner. May I accompany the beneficiary to the Consulate for the interview?

If the petitioner is in Ho Chi Minh City at the time the beneficiary’s visa interview, the petitioner may accompany the beneficiary. However, please note that the interview is scheduled specifically to evaluate the beneficiary’s eligibility, and the petitioner may be asked to wait in the waiting area. The interviewing officer will speak to the petitioner only if he/she determines it is necessary for the assessment of the case.

So it would appear that if they will grant another interview after reviewing the documents I am providing, it might be possible to attend. But I will have to sit there and just be an observer unless asked to participate.

I don't think her limited English abilities will hamper her in the U.S. any more than it does the millions of other folks here who have limited command of the English language. Certainly, a better command of the language will be helpful, but that can also be acquired much more quickly by experiencing the language first-hand everyday. As it is, she gets to talk to me an hour or so each day, and the rest of her day is Vietnamese. She has taken English classes, but they do not seem to focus on oral comprehension at all.

As regards our relationship, we are both very patient with each other. I have found that the language barrier has been more of a reducer of potential arguments as opposed to inciting disagreements. We both make the assumption that there was a miscommunication and cut the other some slack: he/she probably just did not understand what exactly I was trying to say. This allows us to come at the issue with level heads and from another angle. In one year, we have only had one conversation that could be characterized in any way as a quarrel. It involved a lack of understanding regarding how tired I was when I visited and my body clock was off by 12 hours. She took a statement I made very personally when I didn't mean it in such a way. We put it behind us and went on. It's one of the things I absolutely adore about her: her ability to let little things go and not blow up into something big.

I do often wonder how much of what I say is really "getting through" as opposed to just getting a nod. I spoke with the husband of her cousin, who confirmed that he has experienced some of that even after marriage and after his wife has been here for a while.

All I can say is that we both understand it will take time. I'm quite certain in our ability to communicate important things.

I am taking a more active role now to discourage use of Google Translate and to not type so much of what I say--so that she has to practice listening more.

My fiance had her interview yesterday. She said they asked her if she spoke English and she said "a little." The CO then asked her about 7 questions, but she could not understand the CO. She would understand the first few words and miss the end of the sentence. The CO would not let the translator in the room participate, and did not review any of our evidence, which included a year's worth of Skype chat logs and some email correspondence.

She was given a blue slip with the instructions:

"Please submit an original signed letter of explanation as to how Petitioner and Beneficiary communicate without a common language. Please provide any supporting documents and an English translation of the explanation and any documents submitted."

We talk via Skype for about an hour almost every day. I got in the habit of typing most of what I was talking about to clarify points, and she got in the habit of depending on the written text and using Google Translate to clear up details.

I have found her written English is reasonably decent, but her ability to understand the spoken word--particularly from anyone other than me--is poor. We have learned to work it out by using technology and learning mannerisms over time.

I have visited her 3 times, and we get on fine. Each time, we have relied on Google Translate less. However, I don't really know how much of what I say she is missing. She seems to pick up on "actionable" things when we are together. She has even been able to translate what her friends said to me on-the-fly on occasion. Her pronunciation, while not perfect, is much better than her uncle's--and he's been living here for many years.

So I have composed a letter explaining the fact that technology has allowed us to overcome some significant challenges, and we communicate often and both feel that we understand the other quite well. I have included Skype chat logs, emails, written correspondence, as well as a lot of backing data to show that I have gone to see her multiple times and that we have traveled around together. I had this notarized today, and will be shipping it over.

Before I send it off, does anyone have any words of advice? Should I--or shouldn't I--try calling to consulate tonight to see if I can better understand their concerns and how best to clear them up?

We practiced questions before the interview, but I think she got flustered and was just overwhelmed.

Phone with NVC seems rather impossible. It is always busy. Seems odd that in 2014, they would not have a phone queue.

I got escalated two tiers of support at USCIS and wound up with a very grumpy, rude woman who was very upset with me for wasting her time. It did not go well. So I have engaged my congressman's office & they have already contacted "the proper officials" at USCIS "for a report".

I tried emailing NVC again on a different email address & got an "out of office" automated reply on that one (more than I saw on their listed email address). We'll see what happens.

I now am going to try calling the consulate for good measure.

Thanks. That is enlightening about doing AOS with no NOA2. I will try to get escalated on the next call to see if they can make an exception to the I-824 since I never received the NOA2 hardcopy. Looks like that worked for someone. $405 and 4-8 weeks processing time seems rather extreme to photocopy and mail ONE page.

I will try the phone route with NVC and the consulate.

I need some advice. After a long wait, on 8/11/14 I received an email that USCIS was mailing me my NOA2 (2nd I-797C). A few days later (19th), I received an email from them saying they had sent my case to the State Department. So far, so good.

Just after the email on 8/11, I travelled to Vietnam to visit my fiance again. I had USPS hold my mail during that time. Upon my return and the end of the mail-hold, I searched the mail for the NOA2 hardcopy but it was not there. I gave it a month and then called USCIS.

I'm sure the USPS mis-delivered my mail (judging from the amount of mis-delivered mail I receive) and some jerk probably just threw it away rather than forwarding it.

On 9/11 I called and was told that I must wait one more week before they could do anything. They kept trying to push me off to the State Dept. since USCIS is "done" with my case.

I waited 8 days, and called yesterday, 9/20. The operator, Chris, asked if I had moved. I told him no. He said that if I had moved, he could help me, but since I had not moved, I must file form I-824 to request a duplicate of the NOA2.

Form I-824 is a 4-page form asking for almost all the information on the original I-129F petition, as well as her Alien Registration Number (I know they have assigned one, but they have never revealed the number to me). But here's the kicker: to file form I-824, you must send a check for $405. That's right--it costs more money to ask for a duplicate ONE-PAGE NOA2 notice than the original petition filing cost!

Do I have to have this hardcopy? I have the email that informed me of NOA2 & their website status checker shows it. I just don't have the form.

Will it be requested during the interview process?

Also, September 15 I received a notice from the NVC in the mail that the case has been forwarded to the consulate in Ho Chi Minh City and to have my fiance start the DS-160. On this notice, they have managed to misspell both of our names.

My actual name: DARIN

Their rendering: DAREN

(common mistake, but shows they are hand-transcoding data and nobody is proofing it)

Her actual name: XUAN UYEN

Their rendering: XUAN YUEN

(swapped the U and Y)

So my question is: will this mess up things with the rest of the visa process?

I checked the State Dept. website and they said they prefer email. I sent them an email with the case number and an explanation, but days have gone by with no response--not even a "we received your email" automated response.

Does anyone have any experience with these kinds of issues?

Any advice?

Well, happy day! While I was exercising, I heard a text come in. I finished my workout and went to look at the phone to find notice from USCIS that there had been a status change. I checked online and Bingo! Approved! Finally! Now for the next batch of paperwork. Good news just before I go back over to Vietnam to visit her!

I just got off the phone with someone from USCIS...who told me almost nothing that I could not find out from their website. She did say that they are currently processing mid-December '13, so I probably have 2 more months to wait "and that is within the normal timeframe." I pointed out that their own website says the timeframe is 5.5 months, which has now passed. She said that is just a target and is not a guarantee. Well, it's the government, of course there are no guarantees (unless you walk across our southern border, apparently).

So there you have it.

About 3 weeks ago, USCIS updated the TSC expected K-1 time to 5.5 months.

I just hit 5.5 months since NOA1 today, so they will be getting a phone call.

I already tried writing my senator, but have had no reply (actually, this usually means they are trying to get info--I at least didn't get back a "thank you for your concern about this important issue" form letter).

I am incredibly frustrated by the slowness, as is my fiance. It is likely to put her job in jeopardy before all is done. Her company knows that she plans to move to America, so they are training a replacement for her. It is anybody's guess how long they will keep her on board.