DanMeirian

On 7/16/2021 at 10:05 AM, payxibka said:

You don't have a deadline to file other than as soon as practical.   Just understand. as soon as tbe i94 expires, she has no legal standing in the USA and subject to deportation 

Thank you. When we do apply if it's after the 90 day date, will we run into problems changing her status?

I'll make a long story short here. My fiance came on a K-1, we then married. Her daughter arrived more than a year later as we were granted an extension on bringing her kids because of Covid and other circumstances. My question is, do we only have 3 months to get her daughter's status changed? I know K-1 is 3 months to get married, but for the children would that 3 months apply? Thanks for the help!

4 hours ago, Lucky Cat said:

Correct.....the consulate is the sole authority for issuing and/or re-issuing visas.

They said they need the kids' original Visas along with passports and a valid reason as to why the kids didn't travel within the alloted time. They will schedule an interview if they feel the information submitted is sufficient,  and make a decision.  

3 hours ago, JFH said:

Hopefully the dispute with their father has been resolved and she has the full legal permission to remove them permanently from the country. Otherwise you will be back to square one again. 

Yes it is, thank you. 

36 minutes ago, payxibka said:

But they have expired, so that point is moot.  You want to get them reissued and that clock is about to expire on you as well 

So is the only way to get them re-issued through the American consulate in Rio where they were originally issued?

Just now, DanMeirian said:

Thank you.

3 minutes ago, aaron2020 said:

Your wife arrived in the US in January 2020.  When was your her K-1 issued?  K-2 visas can only be issued within 1 year of the K-1 being issued.  If it has been more than 1 year, the US Embassy will not reissue K-2 visas and you should file I-130s for her kids to start the immigration process for them.    

Her kids were issued visas when she was, which was December 10, 2019.

1 hour ago, Lucky Cat said:

Their visas will have to be re-issued (at the discretion of the consulate). That will likely mean another medical exam and fees.   Visas cannot be extended.  The consulate in Brazil has full control of the process. It sounds like you are on the proper course of action.  Good luck.

Thank you.

Please let me know if this is not the correct forum. Looking for advice.  My wife travelled to the United States from Brazil in January of this year on a K1 visa. Her 2 children had received their visas as well with An expiration to travel within 6 months. Obviously because of the coronavirus they did not travel. They had not travelled with my wife initially because of a dispute with their father. So the plan was to have my fiance at the time come here, get married and she would Then go back and bring the children. Since everything was backed up, she received the Authorization to travel in October, so she then travelled back to Brazil with a court case scheduled. Obviously we are past the 6 months that the children needed to travel on their Visa. The consulate in Brazil is only taking emergency cases.  She emailed them with a request for an extension of their current Visa which has expired. She was emailed this morning stating that they are not yet open even though a week ago they requested all of her documents including a copy of the kids visas. Does anyone know of any other Avenue  We can take to get this extension on their current Visa because of coronavirus?  Does it need to be someone we contact in Brazil? Is there somewhere we can call in the United States? Any help here would be greatly appreciated.

8 hours ago, Greenbaum said:

Anyone can ask for their case to be expedited but must follow certain criteria. https://www.uscis.gov/forms/expedite-criteria  If accepted or denied neither have an impact on any other process toward a visa. 

 

1. For USCIS refer to https://www.uscis.gov/forms/forms-information/how-make-expedite-request
2. For NVC they expedite K-1 visas already.
3. For Embassies; An expedited request requires you to contact them either through email or a phone call. Most embassy don't grant expedited visas but only in the case of an emergency. Check with your embassy for additional details.

 

 

Chapter 5 - Requests to Expedite Applications or Petitions

 

Benefit requestors may request USCIS to expedite the adjudication of their applications or petitions. USCIS considers all expedite requests on a case-by-case basis and generally requires documentation to support such requests. The decision to grant or deny an expedite request is within the sole discretion of USCIS.

Thank you all.

26 minutes ago, Quarknase said:

No. If she travels before she has her advance parole in hand, her AOS is considered abandoned and you will have to start over with a spousal visa while she is abroad.

With a court date, I could imagine that it’s possibly a valid reason to expedite the AP. Have you tried that?

We called USCIS and she told us they couldn't do anything as of yet but we would like to purchase tickets. Can't do that unless we know she can travel. So we're stuck. Who would we contact to expedite?

My wife arrived in the U.S. in 2018 from Brazil with a Tourist Visa for a visit. The Visa expires in 2028. She then arrived in January of this year on a K-1 Visa. We were married in March. We have filed the authorization to travel and the change of status. We were told today that it would be another 4-6 months before her paperwork is processed.  She planned on traveling in November, 3 months from now because of a court date.  My question is karma is she able to still travel with her tourist Visa while awaiting the processing of her paperwork? Any assistance would be greatly appreciated.

Since the 2019 tax deadline has been moved back because of Covid19, does that mean I do not need to provide 2019 taxes with the Change Of Status paperwork if I have not completed them? Will they accept only 2018 along with my W2?

On 3/7/2020 at 2:06 PM, DanMeirian said:

I'm hoping someone has some information on this topic or has gone through it. My fiance came over on a K-1 Visa but came without her kids. We intend on getting married and the kids were part of her interview process and they were approved as well. Is there a certain amount of time I have to bring them over Or would I have to file an extension at some point?

I have another question for all you knowledgeable people. When I marry my fiance, can I begin change of status paperwork on her kids as well even though they have not been to the U.S.? Again,  they were approved as my fiance was.

17 hours ago, geowrian said:

More information is needed.

Did the kids do the medicals and apply for visas as well? This means DS-160s would have been filed (and MRV fees paid for). If so, were the visas issued?

If they were issued, the validity date is right on the visas.

 

There are no extensions of the visa. Their validity dates are constrained by the medical results, which are usually valid for up to 6 months.

If it's been less than 1 year since the K-1 visa was issued, they should be eligible for a replacement visa. This means new medical, new visa fees, new interview, etc.

 Yes, they went through the whole process and everything was issued as it was to my fiance. My fiance has been here for 6 weeks. From what everyone is saying I guess we will have 6 months to bring them over.

I'm hoping someone has some information on this topic or has gone through it. My fiance came over on a K-1 Visa but came without her kids. We intend on getting married and the kids were part of her interview process and they were approved as well. Is there a certain amount of time I have to bring them over Or would I have to file an extension at some point?

We got our interview scheduled for December 10th at 7:40 in Rio. Can't wait!

2 hours ago, Dale. said:

Hey June filers,  how are you doing?

We are all scheduled for the interview in Rio de Janeiro on December 10th at 7:40 a.m. Very excited!

48 minutes ago, stephnjaxgo2tx said:

So for those who's case numbers are not in transit today, when is the next shipment leading NVC?

It should be November 12th. 

2 hours ago, highkapoor said:

I did the DHL hack, and "my" shipment from NVC is expected to arrive at destination Mumbai on Friday Nov-1. 

Once the hack works, and you get the AirWayBill number, you can get the DHL website to notify you via email as the shipment progresses.

Thank you for posting, I was finally able to get it!

1 hour ago, shoji said:

what did you put in shipper's reference. I'm not sure if this is because it's less than 24 hours but I tried this is giving me an error: EXP 29 OCT 2019A

 

 

I get the same error.  Can't seem to get it right.

Anyone else get their case In Transit today from NVC?

54 minutes ago, Russ&MaryAnn said:

Yeah I got an email just now also 

I see everyone getting the email, still waiting on mine. Went In Transit today also. 

5 hours ago, Russ&MaryAnn said:

Just checked the status on NVC and our petition has changed from at NVC to In Transit! So relieved we’re finally at this stage!

Congrats! We are also In Transit as of today.

Just now, AmeriJo said:

Yes, and I received an email from the NVC last night at 6:30pm saying it was in transit and it gave me information for my fiance's consulate.  When I woke up this morning, my status is now Ready.

Wow. I didn't think they did those on Monday's.  Congratulations! Your NVC date was around the same as mine. Hopefully I'll get good news.

1 hour ago, AmeriJo said:

My CEAC account is now showing In Transit. Is it possible they sent some out today?  Its also saying my interview date was provided to you by the NVC but neither my fiance or myself recieved any type of email or anything.

Did that just change today?