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Posts posted by Ben&Zian
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Like the others, can try but just in general it isn't enough for one, but doesn't hurt to give it a shot.
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Just now, payxibka said:
If you receive an RFE on the i485, it will halt all processing on the i131/i765 if the have not yet been approved
Good info, my bad on that. Still better to get the I-485 in now before the expiration of her I-94.
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1 minute ago, EllisAndRenz said:
Understood. If I can't find the information (I'm missing two tax years and I didn't file 2018 yet due to an extension), I'll send in what I have and wait for the RFE.
Would that also delay the AP and EAD processing?
It shouldn't as the EAD/AP are processed separately of the I-485, but I'd definitely send in everything you got and least get the process going, plus get her to stay in a legal status/remin in one.
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7 minutes ago, EllisAndRenz said:
From what I understand, this is what I have to send in for AOS:
I-131 (Advance Parole)
I-485 (AoS document)
I-765 (EAD)
I-864 (Affidavit of support)
Can I send the first three and the final I-864 a little later? (I'm waiting to get my tax returns to fill out the three year income requirement) Or will they kick the whole thing back without that?
I know I also have to send a letter with the AP document explaining reason for travel, and a marriage certificate to prove marriage / name update.
Anything else am I missing?
Thanks in advance.
They would probably kick it back as an incomplete packet. Now, that being said, you could submit everything and all the tax info you have, worst case then is an RFE for more financial information but at least your wife would have a legal status while the I-485 is pending. Just not sending in for AOS means she will be out of status soon and could be arrested, detained, and even deported for unlawful presence.
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1 minute ago, missileman said:
But I would not risk presenting a foreign passport with an expired I-94...........I have seen that there is a big ICE sweep coming very soon.
And I can't wait, but we will see exactly how that goes also. Not getting too overly 'excited'.
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Unless circumstances change, another denial is probably likely outcome. The more denials on record in a short time also make one seem 'desperate' to get to the US in the embassy's eyes which is a red flag to them.
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Agree with the rest. I wouldn't risk it, prioritize and file for AOS. Once you have the NOA1 for the I-485 then you can move around domestically just fine, until then you chance being arrested and detained and possibly deported. But hey whatever floats your boat so to say.
- Roel, little immigrant, Cryssiekins and 1 other
- 4
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3 minutes ago, mandalaylee said:
Hello, I tried searching this topic but couldn't find anything specific to it.
Entered on k-1, we got married (yay), submitted AOS, then applied for SSN.
I was contacted after this to advise that they will not process SSN as my i-94 expires within a month.
Has anyone come across this? From all the readings and steps, it seems we've followed the correct processes, but am now concerned I missed something. Would I need to apply to extend my i-94?
~Moved to Adjustment of Status Case Filing and Progress Reports~
I did not have to do this process as my husband had a SSN from previous internships, but most people apply for SSN within 2 weeks of arrival, before marriage. At this point you probably are stuck until you receive you green card. No need to 'extend' your I-94 as they won't, the K-1 allowed 90 days, no more. Once you have the NOA1 from the I-485 packet you'll be in a legal status again so to say as allowed to stay in the US.
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It happens sometimes, GC before EAD/AP. They are separate from each other.
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5 minutes ago, Paul & Mary said:
It is nice to think that but the reality is that AP is open ended. For some consulates it is a day or two. Morocco, Pakistan, Egypt . . . days, months, years.
Exactly. There have even been denials after 'verbal' approval, whether through AP or just simple review even. It happens.
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Since she was allowed to withdraw and leave the US voluntarily when she tried to return, sounds like as mentioned, no inadmissibility or bar, and the denial of the student visa probably won't matter as long as there was no misrepresentation on the application... so I'd agree, go a head and marry and file for the CR-1.
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6 minutes ago, J00000 said:
The Consulate is in Casablanca, and our case is being handled at the Nebraska location. Thanks!
So you're still waiting for the I-130 to be processed or have you already gone through NVC and interview?
AP is after interview phase so hence why asking. AP is open ended, a lot are 2-3 days, some 2-3 weeks, some 2-3 months, and even years.
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2 minutes ago, J00000 said:
I am just curious to hear everyone's story. At what point are you in the process? If you've already received your visa, how long did you have to wait? AP has been long and difficult for my spouse and I, and I'm wondering if it's something wrong with our case, or if that's simply procedure. Any advice or tips would be greatly appreciated!
Which embassy are you processing through? AP varies case by case and country by country. Specifics like this can help get better information for you.
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3 minutes ago, TennilleO said:
So the requirement for the I-134 is 100% not the 125%?
Yes. 100% for I-134, but for AOS the I-864 is 125%, which again makes no sense really to just not require 125% from the start.
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3 minutes ago, lashayhicks said:
Does anyone know if you have to submit your paperwork the office closest to your residency? I would be assigned to the St Cloud office, which has one of the longest wait times for isssuing Green Cards. Could i just submit to a different office if we are willing to travel for the interview?
You submit it to the USCIS lockbox in Chicago. They will then disperse it to the appropriate local field office. So no, you can't pick which office it goes to, USCIS decides that on your location.
- Crazy Cat, Celie and Patience089
- 3
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Without seeing any specific information. why did you wait 3 years for the co-sponsor to make enough money? Why didn't you yourself improve your working and financial situation? In three years could have done a lot on your own. You are always the primary sponsor anyways.
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26k is above the requirement, but the requirements is just a "guideline"... at the interview the CO could take many factors into consideration such as location the petitioner lives (a.k.a cost of living) and determine that amount just wouldn't be enough for two people. Just meeting the or surpassing the minimum is not always enough. And to be honest, that is not much for two people to live on anywhere.
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- Popular Post
Wouldn't be a bad idea to just get rid of the I-134. Never made much sense for the 100% requirement only then to go up to 125% with the I-864 anyways. Who knows, maybe just embassy specific, but wouldn't be too bad of an idea.
- Jeanne Adil, SalishSea, Lemonslice and 4 others
- 7
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Patience, as noted AP is completely normal, everyone goes through it. Can be 2-3 days, 2-3 weeks, 2-3 months or longer. Just be patient while the embassy finishes their work.
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Doubt the lawyer did anything, since congress persons can't even make an embassy do anything, so how would some little lawyer? Congrats though.
- KartineeKartoons and Roel
- 2
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8 minutes ago, lilaznboy12 said:
Hi,
just wanted to know now if anyone has requested a extension for their NOA2 or I129F validity? Please share how I should approach this and what you did.
Thanks
While there is an expiration date, as long as there is action taken on it, such as scheduling an appointment with the embassy even after the expiration date, the embassy with "auto-extend" the expiration date.
Case number received via phone for my K1 visa
in K-1 Fiance(e) Visa Process & Procedures
Posted
As to Singapore that's more country specific so other members will have to help as to if they do a packet 3 or not from the embassy.
But also just for terminology, your I-129f petition was approved by USCIS, the K-1 itself is only approved at the embassy level. The I-129f just gives approval to be able to apply for the K-1.
Good luck.