Peot

On 5/7/2018 at 1:14 PM, debkennedy said:

Hello guys! My first time here. Also a December 2017 filer. Today is day 132 since we sent all the paperwork. Still as "we received your case" (Dec 29th) on both online case status. Very frustrating. 

Took 152 days for mine to show any change. Patience wins the day. 

On 5/7/2018 at 2:27 PM, Peot said:

However, the case number assigned to the EAD (filed jointly) has NOT changed. I called USCIS and spoke to a tier one rep, and they said that as the processing time estimate was yesterday and I am over that, they have elevated it and a tier 2 will be calling me back or emailing me with the latest info to let me know what the case status is within 5 business days.

 

After 5 days if I haven't heard anything back, I was told to call them back.

Update - the website has now updated with "A new card is being produced" 

Finally have some progress. The processing times website says they are dealing with cases ONE DAY AFTER my case was submitted. IE: They are processing cases as of Dec 8th, my documents were received Dec 7th. (151 Days)

Sure enough, my AOS was processed for the next steps. Seems like the timeline is super accurate.

Website is now updated with:

Quote

As of May 7, 2018, we are ready to schedule your Form I-485, Application to Register Permanent Residence or Adjust Status, Receipt Number <Case_number>, for an interview. We will schedule your interview and send you a notice. Please follow any instructions in the notice.

However, the case number assigned to the EAD (filed jointly) has NOT changed. I called USCIS and spoke to a tier one rep, and they said that as the processing time estimate was yesterday and I am over that, they have elevated it and a tier 2 will be calling me back or emailing me with the latest info to let me know what the case status is within 5 business days.

After 5 days if I haven't heard anything back, I was told to call them back.

Buy a return ticket 4 months out (if she's staying for roughly 3 months) as this avoids overstay on visitor visa. Get it refundable, which is usually more expensive, but much much easier to change on the fly so you're not paying twice for a return flight.

When being questioned, if she admits that she's going to help care for a baby or give care to the mother, etc, that could be seen as work and she may get denied entry without work permit. It's silly, but often the case.

Not suggesting she lies either, but she should be honest that she's not going there to be employed as a care giver and that it's for vacation / visiting.

@NikLR is correct.

In fact, I never had a problem specifically asking for "US Visa" photos either. US Passport and US Visa size is the same.

2 inches by 2 inches. If the photos you get are taller than that, get them retaken. 

1 hour ago, spike198 said:

Has your status ever changed from Fingerprint Fee Received?  We haven't gotten any updates since NOA1.  yawnnnnnnn.....

Nope. "Fingerprint Fee Received" appears to be the last update.

On 1/8/2018 at 11:03 AM, DeepakChani said:

Did you do your check via Commissionaires or through police station? 

Extremely old post, but hopefully still relevant to some - I did this through the police station HQ downtown. Reportedly the only place that does immigration-based checks.

Gives me a little bit of comfort (somehow) knowing that there are others 100+ days in with no updates. 103 for me too.

Biometrics happened so fast that I thought things were moving, but then nothing after that.

My timeline is looking an awful lot like yours, @mighty836 plus about 10 days.

37 minutes ago, Peot said:

Basically you need your birth certificate, your passport (with visa), and some mail with your new address on it in Indiana such as a credit card statement, a bill from a service like electric or water, etc..

I should probably point out here that it makes a lot more sense to wait until you get your EAD or green card before getting your driver's license unless you absolutely need to have it for ID purposes. If you get your driver's license before the 90 days are up on your K1, you will only be valid for up to the end of those 90 days.

For example, I got mine in October and it expired in December. I will now have to wait until my EAD comes in or GC, and then apply again, paying the fee twice. However, having the driver's license has made it extremely easy to get things I needed like car insurance, over the counter medicine, and alcohol at restaurants. Thankfully I have a valid driver's license from Canada, so I'm fine with driving on that.

40 minutes ago, Julia80 said:

That’s valid, but surely the i94 is valid for 90 days from entry into the USA? Dec 1st was only 63 days from when I entered. 

 

And i I wasn’t given an i94, no tangible i94. It may be on the system but that doesn’t help me as I can’t see it

38 minutes ago, Julia80 said:

And I can’t get a drivers licence. They won’t give me one until I have an EAD or GC. We are in Indiana. I can’t even get a bank account. This whole thing is hellish. 

The i94 record is valid always. You can print it off online at https://i94.cbp.dhs.gov/ It simply shows that you legally entered the US on your visa. In every case, the entry record is stamped to your visa as well and is usually the only "tangible" part. Your visa must have been given an entry stamp.

You usually can't get a bank account without an SSN. You can get an SSN at any time using your passport with visa included. Once I had an SSN in hand, I got a bank account the next day.

You'll need that SSN for the BMV as well. For Indiana it shouldn't be a problem to get your license as long as you have one from the UK. Along with your UK driver's license you will need to show documentation proving your identity, lawful status, Social Security number, and Indiana residency.

Basically you need your birth certificate, your passport (with visa), and some mail with your new address on it in Indiana such as a credit card statement, a bill from a service like electric or water, etc..

My fiance was married twice before and it was no problem. Just make sure to have several copies of your divorce decree as you will need copies for the application, for the interview, and at the AOS stage as well. Copies may also be needed for changing your name on things like passport, etc, though marriage certificate is usually enough at that point... just always good to have that divorce decree handy just in case!

The above is correct.

To explain a little further, the K1 technically expires the moment you enter the US. Once you enter the US, the K1 is no longer valid as it was a one-way use. You still must then get married within 90 days. The 90 days have to do with your entry date, not the date of your medical or the date you received the visa in hand.

1 minute ago, NuestraUnion said:

Like I said, it only gives you a reason to apply for an expedite. It doesn’t automatically speed up the process. And with an expedite, the burden to provide evidence an expedite is needed lies with the applicant. And we have seen people who’ve asked for expedite and it not be approved.

 

just don’t want people to think that if they get a job offer or bills are behind that they just have to pick up a phone and immigration will automatically move their case to the front of the line.

I totally get where you're coming from and also don't want people to assume it's a "for sure" thing. Point is though that for a trip to your congressman and some paperwork, there's ZERO risk in at least trying for it.

5 hours ago, Mailys said:

Hi! I (the beneficiary) am trying to be organized and anticipate each step in this long process. I thought from the beginning that the American person will be the one who will have to send all the papers required for the package 3. But recently I've read that it's the beneficiary. Can someone help me please?

I'm in my home country now, I wanna know if I need to mail some papers to my fiancé or the opposite. Thanks!

Yes, you as the beneficiary will likely need to gather all of the papers for the "package 3", which typically involves a statement to your embassy/consulate that you are ready to make an appointment, etc.. Your fiance will have to get a NEW letter of intent for you as well as tax documents or any other evidence required by the affidavit of support. All of the evidence required should be clearly marked on the Package 3 instruction sheet you receive either by email or mail.

3 hours ago, Joselio said:

Hi, I'm still waiting for NOA2 and in the meantime I  also trying to be anticipate the paperwork needed ahead...

 

What are the Packet 3 and Packet 4???

Package 3 is typically an information guide from your embassy or consulate detailing what you will need to bring with you to the interview. I'm not sure about your specific embassy, so you will need to research this.

Same goes for Package 4, except it's usually the final information document you will need to schedule the medical. Once you have Package 4, you typically have an appointment already.

Again, look up your country-specific guide for what might be required unless you want to wait for the package 3 to arrive.

Just now, Unidentified said:

You could then argue that maybe people should have thought about that before the filed for the K1...

You certainly could. However, it doesn't make the financial burden any less prominent whether they force it upon you or not. Many other EAD cases don't have the same denial of income stipulation and that said, I firmly believe that anyone in the K1 process is eligible for EAD expedition, along with any visa that removes your ability to work while processing.

On 12/16/2017 at 9:04 PM, NuestraUnion said:

Just a small correction for clarification purposes.

 

You don't "speed up" the process. You can request an expedite of the approval based on potential lost wages or financial burden. Even then, the request for expedite is not guaranteed to be approved.

 Definition of expedite:
"make (an action or process) happen sooner or be accomplished more quickly."

Sounds like "speed up" to me, unless you really want to grasp straws.

There are also many other reasons why an expedite request may be considered by the USCIS, but a job offer certainly helps, and almost everyone who applies for K1 can claim "severe financial loss" due to the process itself. I don't see many denials of the expedite request if done properly for K1 applicants.

8 minutes ago, Pat Stubbs said:

 

Thanks for the reply. I obviously understood the circumstances of the writer. My category is IR 5 . I’m desperate to visit 😢

Sorry, IR-1 and IR-5 have roughly the same requirements, which is why I pointed you to the IR-1 forum. There is also another forum here that might find you the information you're looking for too:
http://www.visajourney.com/forums/forum/111-bringing-family-members-of-us-citizens-to-america/

Received my Packet 4 as an EMAIL ONLY after Packet 3 around 4 business days after I submitted it (see my Timeline to the left).

Wait AT LEAST 5 business days before panic sets in. 

If you do not receive the packet 4, you can email montreal-iv-dv@state.gov for info, however they typically take 10 business days to reply.

Be sure to add that above email address to your safe-senders list in any case so that it doesn't get filtered to spam.

On 12/14/2017 at 6:18 PM, Pat Stubbs said:

I hope you don’t mind me asking you this. I am a UK citizen with an I 130 in progress, my son is a US citizen and he has petitioned for me. I only have my receipt so I’m  expecting it to be many months until I hear anything. I really want to visit my son but when I called Department of Homeland Security to check if I could travel to the US on my current B1/B2 visa, with an immigration petition in progress they told me no, I couldn’t. I was interested to know if you managed to travel successfully to the US?

thanks

Not quite the proper forum for this as an I-130 in your case is the IR-1. It's very difficult to visit while an IR-1 is pending, but not impossible. Check the IR-1 forum for details on it!

1 minute ago, Peot said:

The visitors visa (B1/B2) has nothing to do with 90 days. Your passport was likely stamped with the date that you are approved to stay until. 

 

Sometimes they will mark down the max amount of time you can stay (for example, 180 days), but other times they will mark down the date of your return ticket. It really depends on the customs officer. You MUST check this. If they didn't stamp your passport you can find this information by looking up your I-94 record online.

 

If you find that you need to extend it, you would need to file a I-539 extension form along with a hefty fee. It's actually much cheaper to leave the country and return a day later which is what most people do. Visit Mexico or Canada if the drive is possible, and when you return they will give you a new entry stamp with whatever exit date you tell them. Worst case scenario is that you may need to return home and come back again the following day.

Sorry, I just wanted to clarify with what I said above, the processing time + fee of the I-539 is so crazy for a tourist visa, that I don't know that ANYONE would be willing to do it. It really is cheaper to leave the country and return again and definitely going to be much faster.

The consequences of an overstay on a tourist visa can come back to bite you, so I recommend you follow caution - and hopefully they just stamped your passport many months out.

The visitors visa (B1/B2) has nothing to do with 90 days. Your passport was likely stamped with the date that you are approved to stay until. 

Sometimes they will mark down the max amount of time you can stay (for example, 180 days), but other times they will mark down the date of your return ticket. It really depends on the customs officer. You MUST check this. If they didn't stamp your passport you can find this information by looking up your I-94 record online.

If you find that you need to extend it, you would need to file a I-539 extension form along with a hefty fee. It's actually much cheaper to leave the country and return a day later which is what most people do. Visit Mexico or Canada if the drive is possible, and when you return they will give you a new entry stamp with whatever exit date you tell them. Worst case scenario is that you may need to return home and come back again the following day.

You can speed up the EAD process if you have a valid job offer in some cases. 

I'm in the same boat - married Canadian and sitting here waiting for the EAD approval. 

It is perfectly fine to put "student" with the appropriate dates, etc..

Not sure if the passport stamps would be enough if the POE was in different locations to where the photos were taken on those dates.... but either way, for our package we also included the boarding pass copies, copy of engagement ring receipt, and credit card statements with purchases in the US all dated to within the 2 year limit.

However from what you describe, what you sent in, on top of an I-94 record, should have been more than adequate. Passport stamps are usually the biggie which makes me think it had nothing to do with proving you met in the last 2 years and more to do with circumstances of meeting / relationship proof. Maybe the intent to marry was worded funny? 

17 hours ago, jayjayj said:

 

You should definitely contact them for an update.  As you probable know, the K-1 visa is a non-immigrant visa, so it is strange that your status is showing under the immigrant visa query and not the non-immigrant visa query.

That's how it looked for me too. All was fine.