lacolinab13

Since your I-485 has been pending for more than 6 months, you can make a service request through the online form - choose the option "Case outside normal processing time". Sometimes the answers are totally generic and unhelpful, sometimes you get some info. In my case, they answered my service request with an approval. 

Are you already pregnant? When you wrote "hoping to have our first baby soon", it made me think that you were not yet pregnant. 

It seems that London DCF can be as short as 2-3 months. Since you want to move to the US ASAP for work, it makes sense to move now then have your pregnancy/birth in the USA. I understand that cost is an issue but I'm surprised to hear you aren't finding any plans that would cover you, since insurance companies can now not deny coverage due to pre-existing conditions, and pregnancy care is considered preventive care. Many states also have expanded Medicaid for pregnant women and children - you may qualify based on income level. Are you researching plans through the state insurance marketplace (ACA marketplace)? Have you looked at Medicaid? 

Congrats Georgia!

My husband's card was mailed yesterday so I assume we will get it early next week.

I submitted a service request for my husband's I-485 on February 18th (Receipt date August 19th), and got a reply to my service request today that says that his I-485 was just APPROVED! It's not on the app yet, but I assume will pop up tonight.

The text was this:

Quote

On February 18, 2017, you contacted USCIS concerning your Form I-485 to notify us that you believe your case is outside of our normal processing time. Below is a summary of what we found and how the issue has been or may be resolved.

On March 6th 2017, after you inquired about your Form I-485, USCIS approved your petition/application and will send your approval notice to you using the most recent address we have on file. The original notice and Permanent Resident Card should arrive within 45 days. 

The way it's phrased suggests the service request did prompt the approval, so I would recommend trying a service request if your case has been pending more than 6 months! 

As everyone has said, you don't need to mail any evidence of a bonafide marriage with a K-1 AOS, just the marriage certificate. Our priority was for my husband to be able to work and get a driver's license ASAP, so we sent in the AOS package 5 days after he arrived, the same day we got married, without anything beyond the filing requirements. 

Lots of K-1s get approved without interview without having sent in any bonafide marriage evidence. If you have an interview you bring evidence with you to the interview. 

Hey August filers,

August 19th here. We're also still waiting. I submitted an online service request on Feb 20th when it was officially six months from the receipt date. Haven't gotten a response yet but due to hear back by March 12th. It's not a huge deal that we're still waiting since my husband can work/travel. His medical expires at the beginning of May though so I'll get nervous if we don't hear anything this month, really don't want to have to pay to redo one. 

We're traveling out of the country also in May for my sister's wedding. I never really considered that he might not have his greencard by then since it seemed so far away. I know his EAD/AP card should do just fine but it will still make me a bit nervous. We live quite close to the Canadian border and I was hoping we could take a little trip up there while we are in the area (we will move away next summer), but until he gets a greencard, my husband would need a visa, and we don't really want to go through the hassle of applying, paying for it, etc ... 

Here's hoping for more approvals soon! 

I lived abroad with my husband before petitioning him. I sent in pictures of the Peruvian work visa i had that allowed me to live tbrrwith, and of my entry stamps showing the time I was there, and then tickets of us traveling together domestically plus pictures. 

1 hour ago, BlArn said:

we are traveling to el paso

Then his passport and a copy of the NOA for the I-485 will do just fine (just in case someone asks to see proof of legal status). 

Are you traveling within the US? If so, he can travel with just his passport (and bring his NOA-1 for the I-485). 

Traveling abroad is of course not going to be possible. 

Of course it's not required. It's very common for women not to change their names after marriage and not a reason for scrutiny. 

I lived with my husband in Peru for two years before we got married. I'd like him to get us citizenship as soon as possible so that we can move away and come back as we wish, but to be honest I don't really see myself living in Peru again for any length of time. It's a beautiful country and we lived in a historic city, but overall the frustrations and limitations of life in a developing country far outweighed any charm. I also frankly felt boxed in there, stifled. His family was also quite overbearing (by my standards). I'm sure things could be different in a different area perhaps, with different jobs/living situation, but I'm not too keen. 

I got a work visa quite easily there, and it's very easy to get a spousal visa (through a type of in-country AOS), plus they are very lax on tourist visas, so I dont worry too much about getting in and out. Getting citizenship requires living there with a spousal visa for several years so is off the table. 

Have you spent lots of time in Nicaragua? It's great that you like it there - if planning on a life split between both countries, I think dual citizenship makes a lot of sense.

He does not have to disclose anything to his insurance company if he does not want to. Insurance companies can (for now) not deny coverage due to any pre-existing condition anyway. Anyone is free to pay cash for any medical service at any time. In many states, methadone is dispensed by state-run clinics for free to opioid users. There's nothing illegal about it. 

I'm sure his dentist could provide better care if he knew the full story, and it would be important for him to know this person is on methadone in terms of pain management - and he might very well, especially if this person has track marks on his arms - but again, it's not illegal for him to use dental insurance to pay for dental care regardless of the cause. 

I think you'll be a much happier person if you lose your vindictive streak. What he has done is not hurting you. Obsessing over him "getting away" with his lies only hurts you. 

Use this link (use "Case outside of normal processing time")

https://egov.uscis.gov/e-request/Intro.do

We also got an RFE for the I-864 even though I had already sent everything they were asking for (tax returns, employment letter, pay stubs). When I spoke to a rep, she told me the papers might simply have been misfiled with one of the other forms rather than with the I-485/I-864. It's frustrating but I find it's all easier to deal with if you just take a deep breath, try not to get upset, and just do as they say. After all, it WILL all get resolved, and even though we are all anxious for approval, at least we are together with our spouses.

If I were you, I would submit a service request on the EAD/AP as you are well overdue to be approved if they did indeed receive your application at the beginning of September. 

Yes, your father-in-law can be a joint sponsor.

Your husband, as the petitioner, will be the primary sponsor and will have to fill out an I-864. If he does not make enough money to support you, your father-in-law can also fill out an I-864 as a joint sponsor. He will need to submit tax returns, pay stubs and an employment letter as proof of his income - or evidence documenting his assets if he will meet the requirements using assets. (Only last year's tax return is required with the I-864, but it seems as though anyone who doesn't also send in extra documentation/evidence gets a request for evidence, so you might as well send in plenty of proof right off the bat).

As others have said, read the guides. They take you through the process step by step and are very helpful.

It seems like most people get their interview notices 3-5 weeks ahead of time. The interview should be at the same office where you did biometrics.

As lilacmarie said you'll get it back with the packet 3 (or 4 depending on your country)as PDF file (that's how we got it), but you really don't need it

This must be country-dependent because neither my husband nor I ever saw the I-129F again after we mailed it in.

I made two copies before submitting it and gave him one copy to bring to his interview, but he didn't use or need it.

Yes, marriage is a qualifying event. I added my husband the day we got married. However, many insurances only give a 30-day period following the marriage to enroll, so you may have missed the boat.

It's open enrollment on the exchanges for coverage starting Jan 1st. If his issues are not too severe, it might make sense to enroll him now and for him to wait until Jan 1st to see a doctor.

Check in your area for a free or low-cost clinic. Many towns have them.

The K-1 visa is a single entry visa. It's not clear where you are in the process but:

- if you have not yet filed the application for adjustment of status (I-485), she will not be allowed to return once she leaves, as she will have no valid visa or status to do so. She will have to return to the Philippines and you will have to file for a spousal visa in order for her to return to the US.

- if you have filed the I-485 but it has not been approved, and she does NOT have an approved I-131 (travel document), her I-485 will be considered abandoned. She will not be allowed to return. She will have to return to the Philippines and you will have to file for a spousal visa in order for her to return to the US.

- if her adjustment of status has been approved and she is a permanent resident, or if her I-485 is pending and she has an approved travel document, she can come and go as she pleases.

If you want to travel internationally with your wife, you need to file for her adjustment of status and for an advance parole/travel document so that she can leave the US while the I-485 is pending without abandoning it. It should take around 90 days or less from the date of filing for her to receive a travel document.

Am I supposed to go for the medicals before filing the forms?

Thanks a lot. Nothing else I need to know? Is it compulsory to get an attorney since my case doesn't look complicated?

You can send in the I-693 with your I-485, with an RFE, or present it at the interview. https://www.uscis.gov/i-693

An attorney is certainly not compulsory. Most people have no trouble filling out the forms on their own - you just need to be read the instructions carefully and pay attention to detail. Take your time and allow time for proofreading.

Don't know if you are still checking this thread. Check the Lima embassy reviews. There is a very detailed post from 2014 and a detailed one that I wrote in May that will help you with info you are looking for.

It will take forever for the Lima embassy to mail "Packet 3" to the Peruvian beneficiary (and the mail can take forever). I emailed them and got the instructions over email. Email the IV section with the required info (check on their website).

Here are the instructions we got (current as of May 2016 at least, write to the embassy to make sure you have the most current version):

INSTRUCCIONES PARA LOS SOLICITANTES DE VISA DE NOVIOS

Esta oficina ha recibido una petición que le confiere registro para visa de no inmigrantes “K-1” para un/una extranjera/o que viaja a los Estados Unidos para casarse con un ciudadano/a de los Estados Unidos. A fin de prepararse para su entrevista con un funcionario consular, por favor lea y siga cuidadosamente las siguientes instrucciones:

LA TARIFA DEL DERECHO CONSULAR PARA VISAS “K” ES DE $265 POR PERSONA. ESTA TARIFA DEBERÁ SER CANCELADA EN SCOTIABANK.

PRIMERO: Todos los solicitantes de visa K deberán llenar en línea el formulario CEAC (DS-160: Solicitud de visa de no inmigrante en linea). Para hacerlo, ingrese a la página web https://ceac.state.gov/genniv/. Si sus hijos solicitan visa junto con usted, tambien deberan llenar ese formulario en linea.

SEGUNDO: Obtenga los documentos de esta lista que correspondan a su caso. Estos son los documentos que necesita traer a su cita:

1. PASAPORTE: El pasaporte debe estar válido para viajar a los Estados Unidos y tener una vigencia de 6 meses después de la fecha de emisión de la visa.

2. CONFIRMACIÓN DE CITA: Ingrese a https://ais.usvisa-info.com/en-PE/iv y haga click en Register. Luego seleccione “I need to Schedule a K visa appointment” y presione “Continue”.

3. REGISTRO: Para la creación de registros siga las siguientes instrucciones:

Complete la información solicitada para la creación de su cuenta. Ingrese el Captcha y presione “Create Account”
Una vez que ingrese toda su información personal, llegara a la página de resumen que le indicara que debe seleccionar un “Delivery Locatiion”. Presione Continue.

Seleccione la oficina de DHL de su preferencia y Presione “Continue”.

El Sistema le confirmará que ha creado su cuenta en forma exitosa y enviará un email a la cuenta de correo electrónico registrada.

Para hacer el pago correspondiente de la tasa MRV recibirá un correo electrónico con el talón de depósito el cual deberá llevar al ScotiaBank para la cancelación.

Es importante que se registre ya que al registrarse usted escogerá la oficina de DHL a la cual se enviará su pasaporte después que la visa le haya sido otorgada. Si no se registra, su pasaporte será enviado a la agencia de DHL en el Callao: Centro Aéreo Comercial, Tienda 101, Modulo A, Sector B, Callao. Cualquier información también puede llamar al Servicio de Información de Visas al 709-7950 o 709-7951.

4. CERTIFICADO DE NACIMIENTO: Un certificado de nacimiento de cada persona que figura en la solicitud. Se deberá presentar partidas de nacimiento de todos los hijos solteros menores de 21 años aunque no soliciten visa con usted en este momento. (Las partidas deberán ser originales y legalizadas por la RENIEC).

5. CERTIFICADO JUDICIAL DE ANTECEDENTES PENALES: Todo solicitante, a partir de los 16 años, deberá presentar este documento. (Av. Abancay/Poder Judicial).

6. CERTIFICADO DE ANTECEDENTES JUDICIALES A NIVEL NACIONAL: Todo solicitante, a partir de los 18 años, deberá presentar este documento. (INPE Dirección: Pasaje Adolfo La Jara 234, esquina con la Av. Cáceres, Urb. San Antonio, Miraflores).

7. ANTECEDENTES MILITARES: Deberá obtener certificado de sus antecedentes militares, si le corresponde.

(Consejo Supremo de Justicia Militar Av. Arenales 321, Lima 1)

8. CERTIFICADO POLICIAL: De cada país incluyendo el Perú, donde haya residido por un año o más.

9. FOTOGRAFIAS: Dos fotos a COLOR, con BRILLO, FONDO BLANCO, sin retocar ni enmarcar. Las medidas deberán ser de 5 x 5 cm, de frente, sin sombrero, sin anteojos, sin aretes.

10. CERTIFICADO DE MATRIMONIO/DIVORCIO: Si usted o su prometido/a estuvo casado/a anteriormente, deberá presentar una copia de su certificado de matrimonio. También deberá presentar pruebas de la terminación de cualquier matrimonio anterior, por ejemplo certificado de Defunción, Sentencia de Divorcio o Anulación de Matrimonio. (Las partidas deberán ser legalizadas por la RENIEC).

11. EVIDENCIA DE MANUTENCION: Su peticionario deberá presentar una declaración jurada de sostenimiento, se deberá usar el formulario Affidavit of Support I-134. Descargarlo en el siguiente link: http://www.uscis.gov/files/form/i-134.pdf y adjuntar los impuestos del último año,(formulario 1040), W2, carta de empleo, etc.

12. EXAMEN MEDICO: Haga los arreglos necesarios para someterse a una revisión médica. También necesitan pasar una revisión médica los hijos menores que la/lo acompañen. Para acceder a la información médica ingrese al siguiente link: http://travel.state.gov/visa/immigrants/info/info_3739.html.

13. EVIDENCIA DE VINCULO: Podría pedírsele que presente pruebas que sustenten que usted tiene una relación legítima de novios con el peticionario, tal como: cartas, fotografías y/o cualquier otra evidencia que demuestre su compromiso formal de matrimonio.

14. TRADUCCIONES: Aquellos documentos escritos en inglés o en español NO necesitan ser traducidos. Los documentos escritos en otros idiomas deberán ser traducidos al inglés por un traductor oficial o traductor competente.

Asegúrese de traer todos estos documentos. Si faltara alguno su trámite demorara más. Si tuviera alguna pregunta comuníquese con nuestro e-mail LimaIV@state.gov o https://ais.usvisa-info.com/es-pe/iv/information/contact_us para mayor información.

Si no pudiera atender a su cita o necesita reprogramar otra cita, comuníquese con nuestro e-mail LimaIVschedule@state.gov.

Después de su cita

Si su aplicación de visa es aprobada, mandaremos su pasaporte con la visa y su paquete de visa a la oficina de DHL Courier de su elección sin costo alguno. Antes del día de su cita usted debe registrarse en http:/ais.usvisa-info.com/es-pe/iv y seguir las instrucciones. Este registro se debe hacer por cada miembro de familia que este aplicando a la visa. Regístrese y escoja la oficina de DHL donde le vamos a mandar su pasaporte antes de venir a su cita. Necesitará entregar la hoja de confirmación de registro cuando venga a su cita.

MUY IMPORTANTE: No se puede asegurar si la visa será otorgada. El funcionario consular tomará una decisión únicamente después de haber revisado todos los documentos y haberlo entrevistado personalmente. Se le recomienda NO hacer arreglos definitivos de viaje, y no vender propiedades ni dejar su trabajo hasta que le haya sido otorgada la visa. La validez de la visa dependerá de la validez de los documentos que acompañen su paquete de visa, tales como exámenes médicos y policiales. Recomendamos verificar su visa y viajar antes que esta expire.

As you can see, you can fill out the DS-160, pay the fee, and schedule your own appointment.

Then make an appointment for your medical (the results take 5 business days, to make sure to schedule it at least a week before your interview) and gather the necessary documents.

1. If you meet all of the requirements, you will be approved.

2. Yes. It doesn't matter how long you have been in the US?

3. You need to fill out all of the necessary forms truthfully and correctly.

- You have to pass the medical exam so that you can send in (or present at interview) a valid I-693

- You need to have proof of a bonafide marriage to send in with the I-130.

- You need to fill out the I-485 correctly and truthfully be able to answer "No" to all of the questions in Part III, or be able to satisfactorily explain any "Yes" answers that aren't automatically disqualifying. (These are questions about being a Nazi, communist, terrorist, polygamist, drug trafficker, weapons trafficker, etc ...)

- Your wife or your wife and a joint sponsor need to correctly fill out I-864s showing that they have enough income and assets to support you in the US, along with satisfactory proof of the income or assets.

- File the I-765 and I-131 correctly, with the required docs, if you wish to work and travel before your greencard is approved (highly recommended).

- Send in the checks for the required amounts, one sum for the I-130 and another for the I-485. The fees are going up on December 23rd. If it were me, I would scramble to get all my papers together in the next two weeks and send in the forms before Dec 23rd.

For all of the above, read the instructions carefully and make sure you send in all of the required documents.

Thanks! My question wasn't so much about whether he needs to be present or not. He will for sure be with me when applying for the marriage license. I am just wondering if applying for the marriage license prior to the interview will jeopardize the K1 process at all. I am also seeing if there is a way to apply for a marriage license without a SSN or visa, as some states require one or both of those things.

Thanks again for the reply! I appreciate it!

No, applying for a license before getting the visa shouldn't jeopardize it in any way.

As so many others have said, no need for a social security number. We got legally married in PA; the requirements vary by county but we just each needed to bring a valid government-issued photo ID. There is no requirement to have a particular visa or any visa - even undocumented immigrants can legally get married. You can call your local county's office. I called them to double-check the requirements and they were very helpful. It took us about 10 minutes to get the license on a Friday, which meant it was valid on the following Monday.

Thanks for your reply they kept my husband's passport from the initial interview. I forgot to mention on previous post. So we are hoping that is a good thing. It's been almost 60 days Since the first interview. We have been checking online they have only updated our case twice and emailed me once.

I'm thinking what could have caused it to go into AP and the only thing I could think of is last Christmas I asked my husband to apply for a visitor visa. He did and it was denied. He was honest and told them his wife was here we wanted to spend holiday break together but I had not yet sent the paperwork for the i130 because he was finishing his semester at his college and he had only 3 months left on his current student visa in Australia.

He extended his visa in Australia. I submitted his i130 here and here we are now.

I feel our phone interviews went well. We were completely honest. We talk everyday on FaceTime. It is a bonafide marriage. Even his family knows about me. We talk almost everyday too. His father actually paid for my trip to go to Australia when we decided to get married. He said it was our wedding gift. They also sent let of affidavit affirming that they accept our marriage and they Are planning our big Indian marriage when I go there.

We got married 9 months after meeting online. And then 7 months after marriage I applied for him.

I don't think the AP has anything to do with his previous application for a tourist visa. It's very common for spouses of US citizens to get denied tourist visas as they are unable to overcome the assumption of immigrant intent. As your husband is now applying to immigrate, the previous tourist visa denial is no problem.

It does sound like some aspects of your relationship raised a red flag - perhaps not that you married and applied "quickly", but that you married on your first and only in person meeting, if I understand your history together correctly. That's more usual in some cultures than others, but it can raise question marks as to the legitimacy of the relationship when people have spent so little face time with one another. The consular offices like to see time spent together (physically in the same place). I don't know if there are any other potential "red flags" (the specific circumstances of meeting online, big age difference, difference in religion, if anyone has been petitioned or petitioned before, etc ...)

At any rate, it sounds like you've provided them with all the evidence they want for now. Unfortunately, all you can do is wait. You can periodically write to the embassy/consulate and check in on the progress of your case, but they generally won't give much information aside the fact that your case still needs more processing. No one can predict how long the AP will last, but the fact that they kept is passport is a relatively good sign.

I echo what others have said:

- no need to fly with him to POE. I think people do this when their fiances have never traveled internationally before and/or speak poor English, as an airport can be an overwhelming place for someone who has never really navigated one and who can't properly communicate with airport staff. If he's traveled internationally before, he'll know what to do when he lands in the US ... same basic process as any time you fly to a different country really.

- buy the flights together

- I agree with 3+ hours for the layover. He might get lucky and breeze through immigration and customs, but it's really better safe than sorry. It's not a big deal to have to wait around the airport for a couple of extra hours, but it's very stressful to miss a flight and have to get rebooked.