wryly

Not sure of the answer, but I'm in the same situation.

I was interviewed on August 3rd and case was approved on August 5th. On August 20, I received a case update that said my card has been mailed. I'm still waiting to receive it.

As far as I can tell, the I-864a isn't required because there is currently a national health emergency in response to the COVID-19 outbreak.

"On July 29, 2020, the U.S. District Court for the Southern District of New York (SDNY) in State of New York, et al. v. DHS, et al. and Make the Road NY et al. v. Cuccinelli, et al. enjoined the Department of Homeland Security (DHS) from enforcing, applying, implementing, or treating as effective the Inadmissibility on Public Charge Grounds Final Rule for any period during which there is a declared national health emergency in response to the COVID-19 outbreak. (84 FR 41292, Aug. 14, 2019, final rule; as amended by 84 FR 52357, Oct. 2, 2019, final rule correction)"

https://www.uscis.gov/green-card/green-card-processes-and-procedures/public-charge/injunction-of-the-inadmissibility-on-public-charge-grounds-final-rule

"As long as the July 29, 2020, SDNY injunction is in effect, USCIS will apply the 1999 public charge guidance that was in place before the Public Charge Rule was implemented on Feb. 24, 2020 to the adjudication of any application for adjustment of status on or after July 29, 2020. In addition, USCIS will adjudicate any application or petition for extension of nonimmigrant stay or change of nonimmigrant status on or after July 29, 2020, consistent with regulations in place before the Public Charge Rule was implemented; in other words, we will not apply the public benefit condition."

https://www.uscis.gov/i-864a

Ours was scheduled for April 9 and status updated to cancelled today. I guess if they re-open in May, our interview would be sometime in late May or early June. Hopefully it isn't much later than that.

We're also still waiting on the EAD and haven't received any responses to our inquiries.

4 minutes ago, mmsamor said:

whoaawesome! Congrats!! How were you notified?

I received a package in the mail a few days after the NOA2 date.

Got our NOA2 on 3/21. NOA1 date was 11/29.

Less than four months! That was a lot quicker than we'd expected and a nice surprise.

6 hours ago, Hemutian said:

Oh, so you mailed the I129F from China?

I also live with my beneficiary in China, but I flew home to the US specifically to file the I129F.

 

It sounds like yours may have been delayed getting out of China? Do you mind if I ask, what courier did you use?

 

We've requested for our mail (both mine and hers) to be delivered to her parents' address in China, and are counting on them contacting us by phone in advance of the delivery so we can explain specifically how to deliver it. My beneficiary says the couriers in China are really good about finding hard-to-find addresses, and that it's normal for them to call the recipient in advance of delivery to clarify the address and make sure the recipient is home when the package arrives.

 

I read somewhere else on here that the US Consulate in Guangzhou has their own courier to specifically deliver visa-related packages. I wonder if that's really true?

 

Having read your post I'm now a little worried. I also requested the notification on G-1145 and listed my Chinese cell phone number along with email address. I hope that they send the notification by BOTH phone number and email address, because I'm still in the US right now, and if they call the Chinese cell phone number I listed on the I-129F, they won't get any answer.

I used UPS to ship it from Shanghai to US and that was pretty fast and without any problems. USCIS charged my credit card within a week of shipping it from China, which was a good sign that USCIS has accepted the package. I think the NOA1 was delayed when it got to China because they had to translate the address from English to Chinese. I don't even know what courier it was -- they just left it in an unsecured mailbox and left. I'd guess it was China Post or whoever takes over a USPS shipment once it reaches China. No calls from the courier. No text/email from USCIS.

Once your card is charged the application fee, then you've probably reached NOA1. You can call USCIS 30 days afters after they receive your package and they'll help you out. If you don't receive the NOA1 package, it isn't a really big deal. When I thought ours wasn't going to arrive, I called and had another shipped to an address in the US, so I have two now. You don't really use it except as a way to get your receipt number anyway. You can check your application's status online once you have the receipt number.

9 hours ago, Hemutian said:

I'm in a similar situation as wryly. I just filed the I-129F, am waiting for the NOA1, and like wryly, I also live in China with my fiancee. I just assumed K1 was faster so we applied for K1, also we weren't ready to put on a wedding this year (2019), so we figured that the K1 would buy us more time to plan the wedding. Is this a good enough reason to choose K1 over spouse visa? Are the consular officials going to be suspicious why we're seeking K1 instead of spouse given that I live in China with my fiancee? Is my explanation as provided above good enough to convince them? 

Thanks

The NOA1 did arrive after about 10 weeks. We sent it from China at the end of November and received the NOA1 physical package in the middle of February. I had requested text/email notification but they didn't send it, even though they processed the package, so don't count on that happening. You can call USCIS to check on your application's status and get your receipt number. Our NOA1 package arrived in our mailbox, which we rarely check. It wasn't delivered to our door and nobody called.

I don't think the consular officials will be suspicious of why you're getting a K1, but the tricky part for people like us is twofold. First, we have to prove domicile or intended domicile in the US. Second, we have to show stable continuing income in the US to qualify as a sponsor (unless you have a co-sponsor). My solution to that was moving back to the US alone to start working, earning a salary in the US, paying rent on an apartment, etc. I did this on the advice of an immigration attorney. My fiancee has a tourist visa so she can visit while we're waiting for the K1 to process.

34 minutes ago, TandSarahJane said:

Is your employer a US company?  Not speaking from experience but something to ponder - if you dont have much of an established US address/employment history, your need for a k1 might be questioned. Could be a better outcome to get married abroad if you can, and then get a go the CR1 route. It isnt much faster to get a K1 (and sometimes much slower) plus you wouldnt need the AOS.

It's not a US company. I'd love to do the CR1 Direct Consular Filing option, but I don't think they'll accept an Affidavit of Support from me because my tax returns state that my total income has been 0 for a few years in a row due to taking a tax exclusion, and my current income won't follow me to America, which I've read are two very important factors. I've thought about marrying here, trying the DCF and seeing what happens, but if it fails, I'll be looking at starting a new CR1 from America which'll be slower than the K1 currently in progress. I've maintained US bank accounts, credit cards, a driver's license, and an address for the past six years abroad, which I hope counts as an established domicile. I could possibly work for a US company from here and then get married, but I don't know if the ~3 months of salary from that new job is enough to qualify me to sponsor the beneficiary, hence the current plan to move back to America ASAP and start working there. And I don't have a joint sponsor.

20 minutes ago, RandyW said:

TOO MUCH emphasis is placed on forums such as this one on the Affidavit of Support - by law, the Consular Official is required to consider the 'totality of circumstances' in making a determination of whether your fiance/spouse might become a public charge in the U.S.

I see, that 'totality of circumstances' aspect is encouraging and I hadn't read that before. As I've earned above the required amount for the past several years in a row, albeit abroad, I hope I can combine those tax returns with 5-6 months of American salary + an employment letter + a letter describing my past income and that will suffice. According to the Bureau of Labor, my career's median salary is six figures and has a job growth outlook that's "much faster than average". I plan to provide that information as well and hope the officer gives me a fair shake. This Affidavit of Support stuff is the only worry I have. Thanks for the info.

What is the Form 2222 you referred to? I haven't read about that.

Also, if I choose to withdraw the K1 application in order to give myself more time, will that hurt my chances when filing it again a few months later?

I've been residing abroad for a few years. As I earn less than $100,000/year and take the foreign income exclusion, this reduces my total income (line 22 on a 1040) to 0. I have filed taxes for these years. I understand this disqualifies me from filing an I-134 or I-864 at this time. I plan to move to the US soon, gain employment, and work until we're required to submit an I-134 in six or seven months. My career pays well in the US so I'm not worried about failing to meet the 125% poverty line threshold in that timeframe, though I'm not sure I can hit the limit before filing taxes in April.

My question is this: will 5-6 months of work (maybe ~$40,000 gross income) in the US plus a letter from my employer stating my salary and the permanence of my position be sufficient to file an I-134 at the Embassy stage (in Guangzhou, China) and an I-864 at the AoS? If it is insufficient, would I be given a grace period to continue earning before filing, or would I need to start the process again? Is there a way for me to slow this process down without cancelling it so I can earn more before filing these documents?

I realize a joint sponsor would be ideal, but my family members are worried about potential financial liability, which I understand. I'm trying to figure out how to do this without a joint sponsor. Thanks for any advice you can give.

Okay, got it. I'll write a letter to withdraw the K1 application, get married here, and then file for DCF.  Seems easy enough and hopefully we'll get to America in April instead of September. Thanks!

I'm an American citizen residing with my Chinese fiancee in China and we are in the process of applying for a K1 visa. My credit card was charged for the application at the end of November, but I haven't received NOA1 yet. I was not aware that we may be able to expedite the process by marrying and following the DCF process. Is it possible for me to cancel the K1 application, marry my fiancee in China, get the requisite documentation proving marriage, and proceed with the CR1 DCF process? I'm willing to forfeit the $535 already paid for the K1 application. Should I expect any other downsides or pitfalls? If we have no strong opinions regarding where we marry, is there any reason not to do this?

I haven't found an estimated timeframe for this process. https://www.visajourney.com/cr1-ir1-spousal-visa/ indicates a CR1 filing is taking over 380 days, which is why I originally chose to apply for a K1. Can someone give me a rough idea of how long the DCF CR1 visa might take? 

Thank you, and sorry if I've missed this information in another thread.

10 hours ago, payxibka said:

None of my business but why are you doing a k1 versus a spousal Visa?

Because I'm an idiot and thought the K1 process was faster. At this point, I assume it's too late to change.

I'm waiting for my NOA1 receipt and I'm afraid the package won't reach me since I'm guessing they don't write the address in Chinese on the package.

Any experience with this? Do you know what company will deliver the package? Will they call me? Is there a delay due to translating the address once the package reaches China? Thanks for any info you can provide.

Late to join but I'm part of this group too. Sent on Nov 22 and should arrive within a day or two. UPS's plane had a mechanical failure and the package got stuck in Alaska for a couple days, so I'm off to a good start I guess.