MandW

So if I file this week, we should be ok? 

Think I found the answer , uscis doesn’t set a time limit but need to do as soon as possible. So soon as I possibly can will be this week or next week. 

My fiancé arrived in January this year, I-94 expires April 21 2019 we got married within the 90 days per the k1 which was March 24 this year , then I lost my job and no money to file aos or green card , now I have a good paying job that I just started last week so can we still file aos ??? She is legally my wife (considered family) now since we are married. Anyone know what I need to do? Will they come get her and deport her???

Just download and print a new 129f and mark the box yes and include the court records and the RFE they sent and should be fine.

no whiteout for sure.

I’m confused....you got an RFE which means you already sent the 129f in and they are asking for ??

since you sent in one already I don’t think you can send in another 129f by checking the correct answer. If they sent you an RFE it’s probably due to the fact they found something (such as the offense mentioned) and because it was checked no or unchecked they want court records or if you didn’t check anything they want a new fully completed 129f.

without knowing what the RFE says I can’t give a better answer

If she was a minor at the time of the offense then chances are it’s not a public record and may not be able to obtain. What did the RFE say?

Just download and print a new form. Also if you check YES you will need to get the court documents on that case, in other words a record from the clerk of courts saying what the charge was and final results. Expunged record. That has to be submitted with the I-129f as well. 

I would suggest your fiancé (petitioner) to contact the NVC office and see what they can do they may suggest a request to transferring the case. I’m sure they know that consulate is closed to visas and probably can better direct you. 

Just looked at your profile , it says k1

if your not married , and is fiance then it’s a fiancé visa and that’s called a K1 . 

Accompanied children would be K2

If you two aren’t married and is fiancé visa then it’s a k1,  no matter what country it’s still a k1

They all go through the immigration unit. Known as the visa unit

Taiwan and Venezuela consider K1 the same type visa, 

If not k1 then why the subject title says k1 and this is posted in the k1 section

What visa are you applying for ? Cr-1?

I will also add, police clearances is a joke. They take that paper , look at it for the interview as a prescreening. They will do FULL background checks before the interview date and if they aren’t completed in time for the interview they will issue a 221g as they can’t deny or grant a visa AT that time. Police clearances can be faked this is why they do their own background checks. FBI , DHS, CIA , DEA and so on. 

In taiwan you can get a police clearance in one hour but it don’t mean squat but it’s a paper you need to take to the interview. They still do checks and checks are done on anyone applying any / all visas to USA. 

Been through this rodeo two times..

Not referring to police clearances. That has no impact on administrative processing. They will do background checks on both countries (DHS, FBI, Interpol etc etc..) The home country as well as the country the embassy the visa is being processed. Let me also add about a “transfer” it isn’t as simple as transfer the file...

example:

1. Subject lives in said country 

2. Said country says can’t process here. Need to process at other embassy

3. Subject goes to other embassy and applies visa

4. Other embassy will issue 221g and say “this case needs further administrative processing “

5. Subjects wants to transfer the case, but embassy won’t transfer the case until the embassy that issued the 221g completes the administrative processing.

6. Once administrative processing is completed by the embassy that initiated the administrative processing then the subject can request transfer of the case the subjects original embassy. Note: a transfer can take 30-90 days to transfer then however how long it takes the home country embassy to contact the applicant.

this is how it works, been through all this and we withdrew the transfer request and went through the embassy that did the interview.

this process is same for non-immigrant and immigrant visas. All go through an interview and all have to complete a medical. Both types of visa can be issued a 221g.

If you live in one country and apply a visa to USA in a different country you WILL get issued a 221g and go through administrative processing and no transfer can take place while the embassy that put the case in administrative processing until it’s completed by that embassy/consulate. I found that out from my congressman that contacted the embassy on our behalf when we were first issued a 221g.

and why would they issue a 221g? Because they don’t have enough time prior to the interview to do their checks on two countries. Trust me. I know what I’m talking about. Just went through 8 months of this...221g sucks. Endless black hole and they don’t have to tell you why or when it will be completed 

FYI ....it’s says apply at any other embassy or consulate”...

be prepared for long administrative processing. The embassy/consulate you will be re-applying will have to do background checks for the country of origin as well as the country you will use to apply. This is what took 8 months for our case, she was from Philippines but lived and worked in taiwan so they had to do checks on both countries and this was the reason for administrative processing. Don’t get your hopes up of applying in another country and expect them to say leave your passport, you will get a 221g for sure and then the long wait begins AND you will have to get a NEW medical exam as well as each embassy/consulate only uses the doctors on THEIR list. We ran into that issue as well... good luck

in other words Venezuela embassy is not longer an option. Have to do your visa through anotther USA embassy/consulate 

Realistically , 7-8 months for noa2 , 1 month for NVC case number, read somewhere nvc is taking 1-2 months to issue case numbers now but back when my case was at nvc it was only 2 days,  then 1-2 months for interview.  so 9 months on the short side with no RFE's and the longest 12 months if no AP.

Congrats to you Jan/19 filers! This is MONTH 1 for you. This waiting WILL test you and your relationship with your loved one , trust me on that. But when your fiancé is here with you all the waiting was worth it. That my friends is the reward for enduring the long wait.

I'm a Aug/17 filer and my fiancé JUST got here this past week. Based on my case If your fiancé applies for the visa in a country not her home country be prepared for Administrative processing as they will have to background check for every country she/he has lived in for 6 months or longer and will need police clearances for each. We were in AP for 8 months after the interview because my fiancé is from the Philippines but lived and worked in Taiwan which is why you see the Taiwan flag in my profile since that was the embassy that processed her K1. 

If you use a co/sponsor and they are not self employed then they need to supply last 3 years tax return. Or supporting documents to show proof of income.

When you read the writing on the 134 it clearly says (if self-employed please supply your most recent return) 

if your income is higher higher than last year go on TurboTax and do a return. It’s simple and they do self employed returns on there

You only need your MOST recent return. You don’t need previous returns or 3 years of returns. Only your most recent.  I’m self employed and that’s exactly what I did. For her k1 interview I supplied the most recent tax return. People that work a job for a company have to supply 3 years of returns and other supporting docs showing income. It’s different for us self employed people. I know because I just went through it. 

On ‎8‎/‎13‎/‎2018 at 12:20 PM, DenisAlma said:

Hello, fellow VJ members.

 

I am happy to tell you that I was approved my visa after more than 2 months of waiting on ''Administrative Processing''.

 

 

Try 8 months Administrative processing lol

August 129f 2017 filer here, updating... Feb 2018 we got the NOA2. April 2018 the interview, 221g issued,  8 months administrative processing , Dec 2018 AP completed, medical expired had to redo the medical, January 2019 picked up medical, submitted passport, got K1 visa issued, POE was two days ago JANUARY 15 2019 AND WE ARE HAPPY TO BE TOGETHER AGAIN!!!!!!!!!!!!!!!!!!!

My suggestion is, don't risk it for a job or money, love cant be measured by a job or by the almighty dollar, there are more jobs. And why would anyone want to live in that dump and look over your shoulder every time you go out and not to mention her shoulder too.....No worth the risk

5 minutes ago, Nitas_man said:

Nobody can take away a green card but an immigration judge.  

WRONG. 

At POE the immigration officer can TAKE the green card, deny entry, and enforce it. , if you are in violation of the terms and conditions of the green card a POE officer can withhold your green card, and have a hearing and ordered to revoke. They will NOT let you in and say "appear on this date...."

they can in fact take your green card, hold you in custody and then a hearing but you will not get the card back or released until after that hearing so yes a airport immigration officer can take your green card

"Even Green Card Holders Can Be Detained or Arrested By Airport Immigration. If the Customs officer determines that the person falls into one of the above categories and that he or she is inadmissible from the United States, the Customs officer may decide to place the person in removal, or deportation, proceedings."

ceac now shows ISSUED!

so that means they issued the visa and its in her passport???

shutdowm has no affect so don't pay any mind to that.

embassies , interviews, uscis , nvc has no affect with shutdown. period.

normally there are 2 dates a month for K1 , the rest are tourist and other visa services, this is the case with Taiwan and its probably the same for many of the embassies which is why your seeing the 2 dates offered and one is already full, so book soon as you can if not then march will have 2 more dates available and all are first come first serve basis.