MongolianPanda

10 minutes ago, moosers said:

 

Oops! Maybe I should clarify -- I have been living and going to school in the united states for the past three years, legally with my F-1 status. I met my now fiancé when we were both in school, and we have been living together for 18 months now. We've been engaged for 3 months. We came home to visit family because I know that once we marry and apply for the AOS, I won't be able to leave the country until my AP is approved, which could be a number of months.

 

As per my F-1/OPT, I'm looking for a job in my field and intend on working under my OPT for at least a year (I'm eligible for the STEM extension, once my year is up, as well). I'm not crossing TO get married, I'm crossing to continue searching for a job and continue to settle in our new home (we relocated for his schooling).

If you entered with F1 Visa what is the expiration date on that visa? My wife initially entered with F1 but visa was only valid for 1 year... she wasn't able to go back to visit her family until she finished school knowing she'll need another visa to come back. Since you're already out of the US, what visa will you be using to re-enter back into the states? 

6 minutes ago, HRQX said:

No overstay if certain conditions are met: https://fam.state.gov/FAM/09FAM/09FAM030211.html "For aliens who have applied for extension of stay or change of nonimmigrant classification and who have remained in the United States after expiration of the From I-94 while awaiting DHS's decision, the entire period of the pendency of the application, provided that: (a) the alien does not work unlawfully while the application is pending and did not work unlawfully prior to filing the application; and (b) the alien did not otherwise fail to maintain his or her status prior to the filing of the application (unless the application is approved at the discretion of USCIS and the failure to maintain status is solely a result of the expiration of the Form I-94), and further provided either: (i) that the application was subsequently approved; or (ii) if the application was denied or the alien departed while the application was still pending, that the application was timely filed and nonfrivolous."

Thank you @HRQX !

1 hour ago, SusieQQQ said:

As @aaron2020points out , the main problem with doing this is the timing of school semesters vs the validity period of F1 statuses, in conjunction with the long and unpredictable processing times for I539. Makes it very difficult to do a successful change of status to F1, better to go home and apply from there. Also if there is a denial (which could be due to the timing issue rather than any underlying eligibility reason) then there will be a retroactive overstay as of date of original i94 expiry -  an overstay is almost certain if there is a denial under this route because of the 4-6 month processing time for COS application. In turn, this effective overstay means (1) existing B visa is automatically cancelled immediately and (2) any future NIV becomes much harder to get - so the overall risk from this process is pretty high.

Thank you.. this makes total sense.. I wouldn't want them to jeopardize their future visits with this mistake... I will let him know the best way is to go back after their current visit is done and to apply for F1 at a later time. Thanks again! 

16 minutes ago, ElDiablo said:

If they are all here on a B2 then they need to go back to their country.

 

A B2 is for temporary tourism visits. So sick of people like the OP being so unbelievably selfish and thinking the rules dont apply to them.

if you're sick, maybe you should go see a doctor before you get worse  ...

How is it selfish to see what the possibilities are? It wasn't like it was his intention to come in with a tourist visa to stay here illegally. It's to see if its possible to switch the visa to a different visa (LEGALLY). Maybe you shouldn't accuse others of their intentions without knowing all the facts.. it appears from all of your comments to other posts on VJ are the same way. 

and for your information, I'm a law abiding citizen.. all the processes I've done so far are legal and legit. check my timeline before you accuse someone of something they are not. Hopefully you find a cure for your sickness mister grumpy.

2 hours ago, aaron2020 said:

They need to go back home and file.

 

He would need to apply and be accepted.  He would need an I-20.  He could only file to adjust within 30 days of school starting . . . and that is not enough time to get an F1 approved before school starts. 

 

His wife and kids would get F2 visas.  

 

Search VJ for the horrible stories of people who tried to adjust status from B2 to F1.  It didn't end well.

Got it.. thanks for your feedback.. appreciate it!

Hi Guys... my brother in law came in on a visitor visa with his wife and kid (less than 2 years old)... he wants to know if it's possible to switch from B1/B2 visa to F1? He's thinking about going to school here.. and if possible, how does it work for his wife and kid? Would they also get F2 status? would they have to go back to the country to apply for F1 and F2 visas? Thank you!

10 hours ago, carmel34 said:

An update for anyone who is trying or will try to get a California driver's license after entry to the USA, with new information we were not aware of before, even after two years of following posts on this site and being an active contributor.  

 

My husband had proper documentation to prove his LPR status as a recent CR-1 visa arrival (visa stamped at POE, equivalent to an I-551 for one year from entry as stated on the visa), but the California DMV we went to would not give him a driving permit after he passed the written test because his legal status in the US had to be reviewed by DMV's Investigative Unit, something called "Secondary Review."   Basically this means that he was subject to another bureaucratic process, with a wait of up to three months for an interview at another location somewhere in the state:

 

"Secondary Review

You’ll have another opportunity to prove your identity and California residency using a wider variety of documents, and you’ll be required to attend an extra appointment with a DMV at a different office than the field office you originally visited. Secondary Review is conducted by staff members of the DMV’s Investigations Division, who will review your identity and residency documents. Your interview make take up to one hour.

The Secondary Review process can take anywhere from two weeks to three months- it all depends on volume and the region you’re applying in."

When my husband called the Investigative Unit phone number in Sacramento yesterday, to initiate the secondary review, they said it was to verify his legal status in the US and they gave us a different number to call but no one answered it, so we figured we could try again next week and wait and wait some more.  Then his green card arrived in the mail yesterday afternoon (thank God), so today we went back to our local DMV and after more than an hour with a customer service person and many back-and-forths to supervisors, he finally got his driving permit and can start practicing, and set an appointment for his driving road test (two months out).

I wanted to post this here for others who may assume that the CR-1 or IR-1 visa, stamped at POE, is all you need for a driver's license in California.  It may be, but is subject to "secondary review," which can take weeks or months and requires an interview that could be many miles away.  Fortunately for my husband, his green card arrived and that makes life so much easier.  I hope everyone is doing well on your immigration journeys!

California is a joke.. they make LEGAL immigrants go through all sorts of hoops but they make everything so much easier for ILLEGAL immigrants SMH

14 hours ago, ram1009 said:

It's not comforting to me when people begin their answers with "as far as I know".  I'm not a trusting person.  Is there a way to verify extension?

If you're not a trusting person, then why bother coming here to ask at all in the first place? Everyone here is trying to help one another, not to sabotage. Be a bit more grateful and appreciative.

11 hours ago, Stevo1979 said:

. . . Just curious why did the Dumptard place a travel ban in the first place?

Because he's trying to make america great again

3 hours ago, ScorpioSun said:

This might sound like a dumb question but... neither my fiancee nor I are sure how to get married once I'm over in the states.

I'm currently in the UK in Administrative Processing purgatory, and if all is approved I will be moving to California. All I can find out for sure is that if two US citizens want to marry they'll need a marriage license in Cali, but I have no idea what kind of preparations I need to make as a K-1 immigrant. Are there any posts here or anyone who can summarise the process?

Once you arrive in the States.. you can get married at any local court room, register recorder office, or private marriage places that are licensed. Once you get your marriage certificate, make sure to get a few "certified" copies.. you'll need to provide a certified copy to submit with your AOS package. Be sure to submit Advanced Parole and EAD with your AOS package since it's free.

7 minutes ago, Scandi said:

No, they're all processed at NBC. You'll see several cases faster than yours, and several slower than yours. Despite that you filed the same day.

 

Someone explained it very well in another thread - it's like going to the grocery store and you end up in different check-out lanes. Even if you get there at the same time, your lane might move faster or slower than someone else's.

 

It's how it is with USCIS, you can't compare with other cases as your case might end up on a desk of someone who works super fast, or on another desk where someone only works part-time, got sick or whatever that slows the process down.

that makes a lot of sense.. thanks for the clarification!

44 minutes ago, Scandi said:

No, EAD and AP has nothing to do with where you live. It's the same for everyone, all EAD/AP are processed at NBC.

right.. that's what I thought too.. but I've seen other timelines where they had a later date of NOA1 and biometrics date but had their EADs approved already.. so I was curious if EAD/AP gets processed depending on where you file. 

Hello all.. just a curious question.. We filed AOS from K1 visa back in Feburary.. NOA1 date of 3/5/19 and Biometrics date of 3/29/19. Looking through the timelines of other AOS from K1 cases with similar NOA1 dates, I saw a few of them were already approved. Does the processing time matter based on where you filed?

4 hours ago, swhang said:

Hello all,

 

My fiance's 90 days are up on the ESTA on May 25th. 

 

However, we have a very close friend getting married on May 25th. 

 

Could she overstay her ESTA visa by a few days so that we could attend this wedding? She won't be using the ESTA again b/c we expect her US embassy interview to happen sometime in June/July. 

 

Another option could be we cross the border into Canada and came back in right before the wedding. Then we can say to the border patrol that she has a ticket back to Korea for the following week. 

DO NOT overstay... especially after receiving your NOA2 approval.. why risk your future by overstaying a few days, it's not worth it and your friend will/should understand .. if they don't then they are not really a good friend to begin with imo. 

21 hours ago, F&S2018 said:

Well that’s great!! 

Our status shows this now ...

keep checking the status.. it'll soon change from "Immigrant Visa Application" to "Non-Immigrant Visa Application".. once you see that, it'll just be a day or few days until it'll say issued. Good luck!!!

16 hours ago, MajaMukanowska said:

Hi everyone,

 

I think I have the weirdest immigration timeline one could have. K-1 visa got approved pretty fast in May 2017.  Came to the US in June 2017. Got married in July. Applied for the Green Card and EAD/AP in July. Then EAD/AP combo card got approved within 88 days. Here's when the fun starts...

 

The combo card expired 10/16/18. I applied for the renewal in July 2018 - so in a nice timely manner. 246 DAYS AGO. Even with the 180 days automatic extension, I will still lose my job in 3 weeks.

 

Yes, I made an Infopass appointment. They can't rush EADs, but they put in a request for the Green Card interview expedition - since it's been almost 2 years that I'm waiting for it. Well, that's nice of them, but I still have no sign of it happening anytime soon.

Yes, I have a lawyer. Apparently the best immigration lawyer in Maryland. She said I'm really on top of my paperwork so there is noting she can do for me.

Yes, I called the landline and put in service request - 3 of them. I call every 30 days. Everytime someone promisses to take care of it, and NOTHING HAPPENS.

Yes, I have my congressman working on the case. So what. They told me they will get back to me once USCIS replies. They never did.

Yes, I sent letters from my employer stating he's gonna be terminating me SOLELY because of EAD expiring. And mine and my husbands testimonies of financial hardships we're gonna face. Had the congressman forward the same letters to USCIS, too.

 

I guess I'm gonna lose a job that I love, because of nothing.

 

Anyone there with a similar problem?

 

Thanks, guys

 

Maja

@MajaMukanowska  if you filed for AOS back in July 2017, why haven't you had your green card interview yet? It's going to be almost 2 years since you submitted AOS package and no green card interview?  Correct me if I'm wrong, but once you have a green card, you no longer need a work permit. no?

21 hours ago, aqb said:

My interview is Wednesday and just realized we might not have enough information. We followed the instructions on the i-134 instruction sheet

but reading online it seems like everyone provided other evidence that I'm worried if I need or not. For example an 1040 form and paystubs. We

have a letter from his employee that provide salary and copies of last 2 W2s. Am I screwed without the 1040? 

 

https://www.uscis.gov/sites/default/files/files/form/i-134instr.pdf

 

You can easily print out your tax transcripts within minutes.. Go here https://www.irs.gov/individuals/get-transcript and create an account online and download the tax history on there

2 hours ago, ChristinaC said:

hello everyone, just a question: how long does it usually take after you get approved (noa2) to reach the NVC? 

noa1: aug 31
noa2: feb 21
 

it can take anywhere from 2-6 weeks.. I receivded my NOA2 on 10/31/2018 and NVC received it on 11/20/2018.

6 hours ago, SteveInBoston said:

Thank you for the responses.

 

So, by being here on an approved K-1 but not marrying and returning before her I-94 expires is a negative for a future tourist visa because of immigrant intent?

 

I thought so but she thought that voluntarily giving up an immigrant opportunity would help her show she abides by the rules and help her case in the future.  

 

The future wedding thing is not set.  She is not ready yet for the final commitment and want to take more time until she is sure.I am not entirely sure why - we love each other and she loves being with me...but that is a topic for another type of forum or counseling. 

Maybe she has to get her family's approval first... I was in a similar situation myself a few years ago.. my girlfriend then was studying in the US on a F1 visa.. we met and were together for over 2 years.. but she couldn't marry me while she was here and adjust her status.. she wanted to go back to her country when she finished school and see her family and wanted her family's approval first before deciding.. so she left after she finished her studies.. and a few months after she left.. we started the K1 process.. 10 months later.. she is here and we are now happily married..  

My fiancee and I were together in the US for 2 years.. and then she departed back to her country when she finished school.. I then applied for the K1 visa and during the 10 months apart, we did not see each other for various reasons.. but we would communicate everyday via chat/call/video.. that kept us connected.. and knowing that we will soon be together for the rest of our lives kept us sane.. Just keep reminding yourself that this little sacrifice (wait time) will be all worth it for the rest of your lives. Good luck with the journey!

@TBoneTX How do I add it to the "Embassy Info" ?? yes, i'll be sure to post the outcome after next week.. submitting all the documents today and if everything looks good, they'll schedule her for the visa interview on the 9th of jan.

Just in case someone needed some info in the future.. 

There is a 2 step process to get the K1 Visa Interview Appointment. You'll have to wait until the Consulate contact the beneficiary  via e-mail or phone call. Or you can do what I did which was to e-mail the consulate and state that you are a US Citizen inquiring about your K1 case.. and provide all the info. Of course give the Consulate some time after they receive the case from NVC before you start following up. 

The 1st step after they contact you is they'll send you a check of documents you need to submit for the interview. Once you have them ready, you e-mail them back to let them know and they'll schedule a "Document Submission" appointment. One that appointment day, you'll go to the consulate and submit all the documents. If they think you have everything in order, they will then give you an appointment date for your K1 visa interview. Good luck! 

Hi Everyone!

I'm filing K1 Fiance visa petition for my fiance in Mongolia. So far, NOA1 received 5/4/18, NOA2 Received 10/31/18, NVC case created 11/20/18, NVC shipped our case on 12/11/18, and US Embassy/Consulate has received the case on 12/17/18 via DHL Tracking. My question is how does she schedule the K1 Visa Interview with the US Consulate in Ulaanbaatar? When she tried to schedule the interview online on usatravel site, it only gave her an option to chose non-immigrant visa.. and there were no K1 option to select. We understand K1 is a non-immigrant but with intentions of an immigrant visa. 

She has already completed the DS-160 and has her confirmation page, She already finished the medical exam by the US Consulate approved physician, and already paid the $265 Visa fee and has the slip receipt in her hand. Question is, how does she schedule the interview? Will the US Consulate schedule one for her? We already e-mailed the US Consulate in Ulaanbaatar but hasn't received a response. Does anyone on here have knowledge/experience on how K1 interview works in Ulaanbaatar, Mongolia? Any advice will be greatly appreciated! Thank you.