GoodThinking

3 minutes ago, Loren Y said:

Why wait 2-3 weeks, I can have you married and certificate in hand in under an hour. Time for a visit to Vegas!!! people in LA have been waiting over 6 weeks for their marriage certificate, not sure where you live, PM me if you need married quickly. And the remote work thing is a really grey area as even though it may be possible or even allowed thru USCIS and in the eyes of immigration they are the least of your worries. The IRS has no grey areas or leeway in their rules. I will have to check again, but I believe if you are a foreigner and make more than 3000 US dollars or so while on US soil, you are required to report the income, and pay taxes on it. I would be more concerned about the IRS than USCIS. I am not sure the exact amount, but it is a low amount. Getting on their bad side is not good.

Haha! You're the first one telling me that. I live in LA, the governer issued an order to allow marriage licenses to be issued remotely, that was on april 30...yesterday, in LA, they still hadn't "processed" the order (their words! no kidding!), they told us to go to Orange County and there's a 3 week wait there...so we're hopping LA gets their together by the time my esta expires otherwise we'll definitely consider Vegas!

As for work, I never ever planned on not reporting the income to the IRS. If anything I just wanted to know if it was allowed and if doing it would get my AOS denied. I will not play dangerous games with the IRS 😉
Thank you for your reply Loren!

9 minutes ago, portorusa said:

You are not allowed to AOS from B2 or ESTA, either. Period. However, more and more people do it , and by advice from this forum members and with their encouragement.

Just now, Lil bear said:

This is incorrect.  AOS from B2 or ESTA is legal..... people’s circumstances change..  What is illegal is entering on a B2 or ESTA with the intent to AOS. 

That highlights the importance of reading policy manuals! If your intent wasn't to get married and you did not lie at PoE and your situation changed, then it's allowed...otherwise it would always get denied.

2 minutes ago, Mollie09 said:

In this forum we can't tell people to do things that go against the law - it's against the TOS.

You are not allowed to work in the US without authorization for any employer for any amount of time for any pay (or for no pay!) for any reason. Period.

I haven't told anyone to do anything illegal OK? If anything I'm actually looking to not do anything illegal. We're all just looking for experiences and facts about what happens to people in the same situation here and try to understand what the law says because believe it or not, it's not always clear.
The paragraph I quoted is from the USCIS website https://www.uscis.gov/policy-manual/volume-7-part-b-chapter-8 one could argue that there are several ways to read it. But, in threads about that issue on this forum (where apparently it's not frowned upon to ask a question) it most definitely is a grey area. The work ban being about protecting american jobs, I believe the law just hasn't been updated regarding remote work but it probably will. 

That being said, and so as to not mislead anyone, given what the USCIS policy manual states and forum members' experiences whit it, and again, only for immediate relatives of a USC working remotely doesn't seem to conflict with adjusting status. 

Now if anyone reads this specific guideline otherwise or has a negative experience to share contradicting this, I'm all ears!

Thank you all for your replies

1 minute ago, portorusa said:

I read somewhere that work without permit is forgiven for immediate relatives of the USC...

Certain adjustment bars do not apply to an immediate relative, including the spouse or child (unmarried and under 21 years old) of a U.S. citizen, and the parent of a U.S. citizen older than 21.

An adjustment applicant applying as an immediate relative may be eligible to adjust status even if:

• The applicant is now employed or has ever been employed in the United States without authorization;
• The applicant is not in lawful immigration status on the date he or she files the adjustment application;
• The applicant has ever failed to continuously maintain a lawful status since entry into the United States;
• The applicant was last admitted to Guam or the Commonwealth of the Northern Mariana Islands (CNMI) as a visitor under the Guam or CNMI Visa Waiver Program and is not a Canadian citizen;
• The applicant was last admitted to the United States as a nonimmigrant visitor without a visa under the Visa Waiver Program; or
• The applicant has ever violated the terms of his or her nonimmigrant status.

@portorusa That's what I read here and it's been confirmed by people in my case before

11 minutes ago, Duke & Marie said:

The forms you listed are correct. Do your medical after your interview is scheduled. 

 

its good you have health insurance... Currently Youre a tourist and CANNOT WORK EVEN REMOTELY until you’re i765 is approved. 

even for a french company?

OK I'm sorry if this asking the same thing than other people but long story short. 

I had a K1 pending, I flew to the US to visit my USC fiancé in February. 

During the trip, I was able to schedule my K1 interview in April

in March the pandemic happens and my retrun flight keeps getting cancelled/reschedule. 

I have health Insurance here and can work remotely so I decide to stay because the lockdown sure is scary in terms of potential separation from my partner

interview got delayed twice

the return flight rescheduled on the expiration date of my ESTA-stay was finally completely cancelled mid april. 
Late april we decide to get married and file for AOS because of the risk of a second wave and another lockdown/travel ban

We' re in the process of getting a marriage license which is not simple right now and makes it likely for me to have to overstay to get married (about 2-3 weeks)

Question is: will overstaying be a problem for the AOS? Do I have to ask for an extension of my lawful presence if there's such a thing?

What are the risks of overstaying? at what time of the process am I subject to deportation/ban?

I intend on filing:

i-130 + i-130A petition for alien relative

i-485 Application for green card

G-1145

i-864 Affidavit of support

i-944

i-693 medical + vaccination

i-765 employment

i-131

Do I need to file more? 

When is the medical happening, should I do it before filing?

Thanks so much in advance for any help

The decision is a tough one in these confusing time, so I'm hoping to get no judgement please, just benevolence!

Stay safe and take care of one another.

Wow, I was visiting my american fiance when the lock down happened, was supposed to fly back to France late march , get my interview and then move here on a K1. When the lock down happened and my interview was postponed to June, we decided I would stay here as my return flight was cancelled, my current tourist visa expires may 13th and this throws massive doubt on our case. Do we risk getting unable to see each other for a long time if I fly back? Do we have any alternatives? I mean I'm currently in the US, it's confusing

Cancelled interviews can be rescheduled to after the travel ban (at least it's like that in Paris). I rescheduled mine to late june as I don't think any of this will be over in may...fingers crossed for june but nothing's for certain these days. But at least I have a new deadline. Obviously if the interview happens we'll show up with a letter requesting an extension of our petition validity (I read that it's the process).

If you got this far in the K1 process, my opinion is it's better to wait than plan on getting married and apply for a CR1...
I would reach out to the wedding venue right away and ask if given the unprecedented unforeseeable nature of the situation, you can reschedule the event easily or not! 

This really sucks for all of us trying to make long distance work 😢
Take care everyone...and hang in there

1 minute ago, Xavier_ said:

I am so sorry for you 

oh bonjour cher compatriote

🇫🇷

15 minutes ago, Senad and Anna said:

My fiancees interview was canceled a few hours ago. 

Did they give any other information? My interview is on 4/15 and when I heard Trump's announcement yesterday I knew this would affect the interviews

6 hours ago, Greenbaum said:

No because after 6 years of helping people here, those that complain the most are the ones who have nothing to complain about. I know how this system works. I know that you don't have to check your status everyday or every hour. People set their expectations to high and when they are not met they are disappointed. I tell people that the system does work and you need to trust the system. You will not be able to move this along any faster. You and million others who are seeking a visa I'm sure feel the same that you do but it's how they handle it that makes them able to survive and to go on to receive a visa and immigrate to the US.

 

I indeed see you do not need my help so I will wish you a process that a visa will materialize from. Best to you.

If you had a very hot american fiancé as well, you'd understand impatience 😝

Just now, Greenbaum said:

I have no sympathy for those who get a NOA2 approval in 3 months and then want to cry about being away from their fiance because the process isn't moving as fast as they like.. 

apparently you don't have much sympathy for anything given the way your replies are often void of any benevolence, but thanks anyway! 

3 minutes ago, Greenbaum said:

Why is it frustrating? It's not your timetable that USCIS, NVC or the embassy will follow. They have the gold so they get to make the rules. You are very fortunate to only have just received your NOA2 after 3 months when not long ago it was running 8-14 months.

 

There really isn't a limited validity to the NOA2 unless you think it takes more then a year (the current validity of NOA2's) so you have plenty of time to schedule and complete your interview.

 

Have you done any research as to what is needed for the next step? Have you visited and began and read the discussions in your sub-forum? 

I have done all that and I'm basically ready to schedule my interview, and yes it is still frustrating because the slowness of the process is not allowing us to be together. We know several couple who just got married and requested the visa afterwards (different visa of course) and it works just as well, so any wait is frustrating when you decide to play by the rules because we both know  the K1 is just the way to ask for "permission" rather than just imposing things on the US government. 

24 minutes ago, mikefromNJ said:

so it is true nothing is really reliable indeed! 

Round trip plane tickets are often less expensive, and having a return ticket is the main proof of your intent to just visit your fiancée while your K1 is pending. I never had any trouble visiting my fiancé during the K1 process but I would never go with a one way ticket

14 minutes ago, PTRF said:

Every case is different and I don’t mean to put a damper on things but our case was stuck at the NVC for AP before being forwarded to embassy—about 12 weeks if I remember correctly.  Our case was a rare frustration as it took 18 months from start to finish.  My fiancé just had his interview 1/22/20–we filed our I-129 in 9/16/18 just to give you some perspective.  

Just checked your timeline, RFE explains part of the delay but did you get any explanation as to why your case got stuck at the NVC level?

1 hour ago, gregcrs2 said:

If NVC gave a case number then they have the petition.  Our case status (a few years ago) changed from "approved" to "sent to Department of State" in 23 days and that was not during any holiday period.   You have 2 holiday periods (Christmas & New Years plus many take vacation days between that time). Practice some patience as the process is very frustrating.  You will probably have an update by the end of next week.

it is incredibly frustrating, especially because the NOA2 has a limited validity. We know a couple who went through the whole process last year and it took 7 months for them to get the NOA2 but then 3 weeks to hear from the embassy so we were thrilled to see we got the NOA2 in just a little more than 3 months but now it's looking like the NVC/Embassy part is going to be the slow one for us...

Thanks for your insights, I will give it another week and go back to meditating 😉

Hi there, just finding out about this thread. Petition approved dec 23 and NOA2 received dec 30...still waiting on the NVC and my USCIS check status still says "my case was approved" ... but not sent to the DOS
Will read the pdf for more detailed info, thank you so much for that, it is precious!

On 1/22/2020 at 11:11 PM, mikefromNJ said:

i got it on december 23rd 2019.

my petition was approved the same day of Dec 23rd and we got NOA2 on Dec 30th. Just like you I'm getting worried. If they gave you a case number then the NVC received your petition right? Because the only way to check online is from that page https://egov.uscis.gov/casestatus/landing.do with your NOA2 receipt number and when I did it, it's still stuck at "my case was approved" when I should get "my case was sent to the Department Of State" if the USCIS had sent it to the NVC. it's insanely frustrating, we'll try to reach the USCIS first thing Monday morning and then NVC but the waiting times are outrageous. Can you tell me what your status is when you go to the link I pasted?

7 hours ago, Alix64 said:

Okay so NOA2 was Nov26, and they sent the case to NVC on Dec 10th, that is 2 weeks.

You should call them. Don't forget that my case went through right before the Christmas break.

Everything went slower.

Also it took us over a month to have our case created at NVC (because of the Christmas break).

So my case was "quick" to be sent to NVC but slow to get a case number created.

Yours might be slow for transfering from USCIS to NVC but then quicker to create your case. Again, the Christmas and New Year breaks really slowed down everything.

But call them just to be sure. And don't worry.

 

My fiancé did mention holiday break as well, but we definitely have to call USCIS now. Thanks again

48 minutes ago, Meg&O said:

Hello I’m a bit confused on what to do next

I have filed the I129F and it was approved

then I received an email from the NVC saying they have forward the petition to the embassy.....however it’s been over a month and I have not heard anything....when I check the status on the ceac website it says “ready”....I’m unsure of what I need to do...can someone help us? This is for Jamaica!

At this point you should be able to file your DS-160 and make an appointment with your embassy, some people never get the damn embassy letter...

Just now, Alix64 said:

hey,

I cannot see the page you pasted because it needs a case number to connect.

But this is what it was (and still is) like :

 

wow that means my case wasn't even sent and we're 30 days after approval...that’s pretty bad

7 minutes ago, Alix64 said:

Hello Decourty (and Mr&MrsT),

As an example, we got our NOA2 on Nov25th, with a notification about 10 days after.

Then on Dec10th, the status on USCIS website changed for "your case has been sent to NVC"

Then around Christmas, I called NVC and they said they had received our case on Dec19th.

And then (!!!) January 22nd, we received an email with our case number (but no welcome letter).

So between Nov25th and January 22nd, it is about 2 months...

Take care,

Alix

Damn that is so long! It's supposed to be the fast part of the process and now it's looking like it's almost going to take as long as the petition approval.
When you say the status on USCIS website changed, was it this page ? https://egov.uscis.gov/casestatus/landing.do because mine still says "Case was approved" in there

16 minutes ago, Mr & Mrs T said:

Hi , 

congratulations on your NOA2! 
In order to know when NVC will give you you Case number /invoice number to start the process you need to know when /if USCIS already sent your petition to NVC . 
Did you had a notification on my USCIS saying « case sent to the department of state? »

if USCIS sent wait 1/3 weeks and call NVC to know if they received it . 
nonce they received it , you will have your case number /invoice number within a month .

 

for the email , once they have your fiancé . Don’t worry . They gonna contact him 

you will give your email at the time you start on CEAC website ( NVC) .

 

i hope it help 😀

it does help thanks! 
it's coherent with what I read before only a lot clearer. 😀

Hi everyone, my petition was approved on Dec 23 and NOA 2 received Dec 30, we're more than 30 days after approval and yet no news from the NVC. I hear it's pretty rough to get anyone on the phone at NVC and the other thing I'm wondering about is when the other beneficiaries say they received a mail from their country's embassy when nowhere in the petition was my email requested (I'm the beneficiary), only the one of my US citizen fiance.

Thanks in advance for any insight! And good luck y'all 😉