Matrix13

If you are sending your package to the USPS Chicago lockbox address, I would also suggest you consider NOT using the USPS Signature Confirmation option. We just used the option, and it delayed the delivery of our Priority Mail Express package by a full day. I have read that some deliveries are delayed even longer when using the Signature Confirmation feature. So, in my opinion, basic USPS tracking is the way to go. 

As the title says, does anyone think it's an advantage to front-load an I-485 package with marriage bona fides (co-mingling of financials, evidence of relationship, etc.)? 

This would be for a K-1 adjustment of status.

And a related question: 

Is it true that EVERYONE gets an interview now (for K-1 AOS)? I swear I read that somewhere, but I can't seem to find it now. 

Thanks VJ'ers

20 hours ago, geowrian said:

The issue is that is from the FAM, which is the DOS policy. USCIS and ICE are under DHS, which don't use the FAM.

Thanks, @geowrian. Your references are helpful. 

It would be nice if there was something more conclusive than the  somewhat old and indirect references (including mine) listed in this thread. Unfortunately, it sounds like it's not out there.

So, IMO, this gray area time period between i-94 expiration and legal resident status is just one more very strong reason to choose the CR-1 over the K-1.

12 minutes ago, magicant said:

I hope this isn't considered hijacking the thread since I believe it applies, but does anyone have the location where it officially shows that the i-797c (for the i-485) allows authorized stay?  I have searched for a while but could not find anything official.  Just websites or posts confirming that this is the case.  Thank you.

That's the million dollar question. I was hoping the VJ community could provide a solid source document. No luck yet. I did find something that supports the idea, but it's in a Department of State manual written under the topic of "INELIGIBILITY BASED ON PREVIOUS REMOVAL AND UNLAWFUL PRESENCE IN THE UNITED STATES."  Seems like enough to keep someone from getting deported, but not strong enough to prove to a private agency (like my apartment admin) that someone is here lawfully.

https://fam.state.gov/FAM/09FAM/09FAM030211.html

Guidance is detailed in 9 FAM 302.11-3(B)(1)(b)(6)

-EXCERPT-

b.  (U) Period of Authorized Stay In General: For purposes of INA 212(a)(9)(B), unlawful presence will not accrue during a "period of authorized stay," which includes:

(6)  (U) For aliens who have properly filed an application for adjustment of status to that of a lawful permanent resident (LPR), the entire period of the pendency of the application, even if the application is subsequently denied or abandoned, provided the alien (unless seeking to adjust status under NACARA or HRIFA) did not file for adjustment "defensively" (i.e., after removal proceedings had already been initiated)

15 hours ago, John & Rose said:

They didn't accept Aira's passport photos because an ear was showing????

This VJ member said SLEC required them to show both ears in their passport photo. Crazy. Welcome to the Philippines!

I hope your family's "day 2" goes smoothly

11 hours ago, Zach2015 said:

Maybe just add her as an occupant instead?

That's not really an option. As @missileman said, she will need to comply with the apartment rules regardless of how we add her.

14 hours ago, K1visaHopeful said:

ICE considers your I485 Noa1 receipt notice as proof of authorized stay. Surely Mr. Furley will too.

This is my thought, too. The challenge is convincing the apartment admin of something that is accepted as a fact by the DHS. I think I could make a pretty strong case if I could find an official reference.

I appreciate everyone trying to help. Please keep those good ideas coming

I hope someone with a similar experience can help me.

Here’s my problem…USC living in Jacksonville, FL apartment with the following requirement to stay there:

My K-1 fiancée will be here soon, and I will add her to the lease when she arrives. Marriage and AOS will follow. Since it will be many months before she is able to attain any of the highlighted documents listed above (the EAD would probably be the first to arrive), I have asked the apartment admin if they would grant an exception for our K-1 situation. They said that they would give us 90 days to come up with “proper documentation.” 

I think the only documentation I will have in that 90 days will be the NOA1 for our AOS. My plan is to hand them the NOA1 and official reference that says clearly that I-94 & I-485 NOA1 = authorized stay. Can anyone help me track down that official reference? 

Or, does any have any better ideas on how to handle a lease situation like this?

Any help is appreciated. Thanks in advance

On 6/12/2019 at 7:13 PM, Jake&Dann said:

Thanks! All set for tomorrow... Hoping they just let us reschedule....

Did the embassy work with you to resolve your problem? Please let us know when you get the chance.

16 hours ago, Hank_ said:

Verify the name?   There is no name tied to the deposit slip just the number.       ... welcome to the Philippines where they add their own "rules" based on .... ???   opinion

We paid about 3 weeks ago at a BPI in Cebu. They asked for the petitioner's name, but did not request to see any ID or passport. They ended up giving us a our receipt with the petitioner's name printed on it. Just my opinion, but it seems like they print the name on the receipt for our protection in case we lose the receipt. In case you lose your receipt, I figure it raises the chances of BPI issuing you a duplicate from 0% to 1%. Love the Philippines.

Your i-129f will go to the USCIS, not homeland security. In the petition, you are not required to have any chat records. What you are required to have is proof of meeting face-to-face in the last 24 months. That proof will be flight boarding passes, passport stamps, hotel receipts, and any other similar evidence. 

Chat conversations will be helpful several months later on in the process, during the embassy interview stage (when the beneficiary must prove that the relationship is legitimate). I can't answer your question about notarized translations, but I highly doubt that any translation will be required. That answer can be found by reading the embassy reviews for your specific embassy.

Good luck!

25 minutes ago, payxibka said:

I think someone needs to look back at a previous post.   June is correct not July as previously posted 

#######. Yes. Good catch. I did not mean July in my earlier post. Thanks for keeping me on my toes.

1 hour ago, payxibka said:

New math?

Actually, old math. From around the year 45 BC. March 11 is Julian day 70. Add the 87 day USCIS deadline to get the sum of 157. Julian day 157 falls on June 6 (on non leap years).

Not required. The photos weren't absolutely necessary, either. You are required to submit proof that you and your fiancé have met in person in the past 2 years. This is done by showing the appropriate passport stamps, airline boarding passes, and hotel receipts (as these all have dates on them). Anything extra, like pictures, can't hurt. You'll be fine without an affidavit, though. Good luck, and help others by filling in your timeline when you get a chance.

32 minutes ago, Kristi&Luigi said:

The problem is, the package is shipped within the 87 days but will arrive 1 day late...

87 days from March 11 is July 6. Assuming you have sent it overnight delivery, you will meet the deadline.

6 hours ago, Zach2015 said:

@Matrix13 what did you end up doing? I live in Southwest Florida and exploring options.

The best option for us ended up being Korean Airlines from Cebu to Jacksonville. Layovers in Seoul and Atlanta (we chose 4 hours at ATL) for $905. Special thanks to @Teachers for that recommendation. 

The flight is ticketed all the way through to Jacksonville with Korean Airlines. We booked directly from their website after we found the deal on Kayak. The last leg of the flight is on Delta, and they tons of options out of Atlanta (because it's one of their hubs, as you know). We used that to our advantage to pick a layover time that didn't force my fiancee to be rushed through her POE experience.

You may notice that our timeline shows we have not had the embassy interview yet. We went ahead with the ticket purchase anyway, getting it for a little over a month after the scheduled interview. We understand the risks of that, but the change/cancellation fees for this ticket are actually quite reasonable. And if we have to change it, we will be glad we booked directly with the airline instead of using a third party broker. 

1 hour ago, Falcon Cara said:

How did Annie get a visa to the USA? 

 

They admit she worked in Karaoke Bar in Thailand, and those are only undercover for a sex club or brothel.  Google Thailand Karoke or KTV Bars Thailand.

 

I thought  you would be banned for working as a prostitute and trying to come to the USA

That's a good question. Also applies to Nikki (season 3) who said on the show that she worked in a karaoke bar in Cebu, Philippines. How are these people getting approved?

1 hour ago, SugarB said:

Can they enroll in a university while waiting for AOS? 

There's no all-encompassing answer to that question, but typically the answer is that universities require enrollees to have their employment authorization (EAD) at a minimum. Some require more, some require less. Your best bet is to go to the website of a specific university you are interested in and read through their admissions policy. 

14 minutes ago, suss6052 said:

but in Atlanta yes, she would need to pick up the luggage after immigration having been dropped off land side, hand the bag back to the transfer bag drop and then go through TSA screening to catch the domestic flight.

Thanks. I was hoping that would not be the case. The level of difficulty for a layover like that probably exceeds what my fiancee is willing to handle, but I might have a small chance to convince her that it's the best way. 

My sincere thanks to each response to my original question. I will expand my search using the excellent suggestions you have given. I hope other VJ members can benefit from this thread, as well. 

Flying from the Phils to the east coast is a new world to me. I miss the good old days of living near SFO. I probably didn't realize how good I had it back then.

Related question: 

If airline partners ticket my gf all the way through to her destination (example: mixed Korean Air/Delta with the "switchover" in ATL, ticketed completely using Korean Air), does my gf need to transfer her checked baggage at the switchover stop? 

My fiancee will have her K-1 visa in hand soon. I'm looking around for a one-way ticket to get her from Cebu to Jacksonville FL (or driving distance to Jacksonville). Price and level of difficulty are the main factors in our decision.

So far, the most sane one-way ticket I can find is Korean Airlines Cebu to Atlanta for about $950, 21 hours travel, one stop. Does anyone have any alternative suggestions? 

Thanks

We got the same error about 20 times. Ended up emailing the CFO for help, but they couldn't help. They just suggested don't fill out the form using a phone. But we were using 2 different laptops with multiple browsers. In the end, we got it to work by filling out certain fields with US addresses and phone numbers (even though our situation called for Philippines info). After that it went through the first try. 

You'll be disappointed to know that when my Fiancé went to the Cebu seminar, the CFO people didn't care about that online application...she had to fill it out completely again once she arrived at the building. 

6 hours ago, Amber Kay said:

Hello all. It looks like I have reached the end of our timeline estimate for our K1... without an approval in sight. I am disheartened. I know it is an estimate but so I have heard from others that it has been spot on for them. I have been told from several people over the last few days that the USCIS isn't updating and applicants are actually recieving their approval by mail. Is this typical? I'm checking everything, every day and there is nothing. Should I be calling the USCIS? or should I just keep waiting? I'm so frustrated. 

You are close to the VisaJourney NOA2 estimate, but keep in mind that the official USCIS case processing times (from their website) are still listed at 5.5 to 7.5 months for your I-129F. So, there probably wouldn't be much value to calling them, since you wouldn't exceed the "official" USCIS timeline until mid-August. 

No need to panic, just keep waiting for now. The VJ timelines are pretty good, but they are not a guarantee. The visa process is a test of patience. You are still on track, so don't get frustrated. 

The USCIS website and USCIS case tracker apps both worked for me recently as our petition was approved last week. So make sure you are signed up on both of those.

As all the other VJ'ers will tell you, you should use this time to read the guides and posts that have information on your upcoming visa steps. The more prepared you are, the faster you can navigate your way through the rest of the journey. Good luck!

I had some luck recently using Fedex International Priority. From a 2GO express, my package got to the US in about 3 days, signature required, for about 1900 php. Mine was a stack of approx 100 pages @ 0.5 kg...obviously your RFE would weigh less.

On 2/20/2018 at 3:07 PM, Christy777 said:

Resealed packet arrived today! One week later, just like Hank said!!!!