MKJ119

I didn't get the chance to get on here and update everything. We had the interview on July 20th at the Salt Lake City office. Everything went well. I had brought a lot of documentation of our financial situation, thinking we might need more evidence proving my eligibility as a sponsor since I changed jobs during the pandemic and had to do a lot of scrambling in order to support us all while pregnant. The officer just asked me what I did for work but didn't ask to see evidence. We had our four-month-old baby with us, which is probably why he really didn't seem to question the validity of our relationship. He did say that he would have liked to see more overwhelming evidence of our cohabitation. I had a copy of our lease agreement, but he was not on my bank account at that time because my credit union requires a SSN and we hadn't received his yet. I do have him as a co-signer on a credit card, but when I tried to find documentation to show that, there was none available online that showed both of our names. He asked if we had the cards with us, but my husband didn't bring his wallet with him! I submitted family pictures of us and a copy of our son's birth cert. I was a little worried because I have not received the original back from his passport application, but the officer was fine with the copy. I also submitted evidence of all of us on the same insurance policy. When we originally filed, we didn't have insurance yet.

Overall, things went quickly. I've never seen my husband so nervous, it was cute. He basically just stuck to yes or no answers and all that was really asked of him was the legal stuff and the basics like when were we married, etc. The officer told us that he was most likely going to approve us but just had a couple of things to double check. 

The best part was when we went to check in, the officer at the desk asked him, "Is this your sweetheart?" and my husband didn't quite hear him or maybe didn't understand the term "sweetheart" right away so the officer gave him a little bit of a hard time. "You're not just doing this for the green card are you? Because if you are, they'll find out in the back." Of course I just laughed, but he told me later it made him really nervous. You can understand how interrogators can really shake people up even if they haven't done anything wrong.

The status changed the next day and the card arrived less than a week after the interview. Hopefully those that are waiting are seeing things move along. We did contact our congressman through a form on his website and they were very helpful in getting things moving for us.

Good luck to everyone!

Edit to add that we had originally filed for a K-1 visa, but while he was visiting me the pandemic hit and the borders closed so we abandoned the K-1, eloped right away and applied to adjust status. The officer asked if he had come here just to get married, but was satisfied with our explanation and the timeline. While he was here, we were still taking steps to complete the K-1. 

We finally have our interview scheduled for July 20th! Still no news on EAD and SSN. We filed an extension on our taxes until August so we could file jointly once we get his SSN. He had his Dr. appt yesterday with the civil surgeon and hopefully he can his childhood immunization records for MMR and Varicella faxed over. Otherwise he will just do them again. The local health department takes our insurance, so we opted to schedule an appointment with them to do his immunizations rather than paying out of pocket since the immigration doc doesn't take insurance. 

I just realized that we don't have an original copy of our son's birth certificate because I had to send it in when I applied for a passport for him and there is a long waiting period. I do have a copy and there's plenty of other evidence we can present as proof of our relationship, including our actual baby who will need to come with us to the interview. Hopefully that won't be an issue. Any other last-minute checklist or advice? I can't believe we're finally at the end of this!

We reached out to our congressman and finally got the biometrics appointment! 

1 hour ago, Goshlook said:

Any filers from June STILL waiting for biometrics? We're still waiting here, multiple inquiries later, with no word from the USCIS.

Yes. My husband is still waiting on a biometrics appt here In Salt Lake City. I've realized we're in for the long haul and trying not to get our hopes up too much. 

My husband came to visit right before the pandemic hit and we decided to get married earlier than originally planned and apply to adjust status.  He had to quit his work back home and still has a bunch of things that he left unfinished. Just recently, he got some things in order, including pay he was owed and arranged to have it sent to us. Since he didn't receive his final pay until long after we got married, would that be counted as income on our 2020 tax return? Or if it's money that was due to him for work done before he moved here and we got married is it considered something else? 

If you didn't commit any crime, I would think the answer would be no. Especially if you were never arrested or detained. I don't know the meaning of the acronyms you used, but it sounds like you were never charged with anything?

Thank you both for the responses. That's such a bummer. I really thought I had researched this thoroughly. Does anyone know if I just resubmit the entire package that was returned to me with the correct amount? The instructions seemed to indicate that.

8 minutes ago, AstoriaAOS said:

You also need to include $535 for the I-130 methinks.

So the total for our situation should actually be $1760? That would make more sense. Do I need two separate G-1450 forms?

We filed I-130, I-130A, I-485, I-944, I-864, I-765 and I-131 with a G-1450 for $1225. We received a notice of rejection that states that the "payment amount is incorrect or has not been provided. When I use the fee calculator, it shows $1225. Everywhere I look, the amount shows $1225

I can't figure out what happened. Is this the correct amount? Am I missing something?

We were very meticulous about preparing the package with a cover letter stating everything very clearly that it was a concurrent filing and putting tabs on everything. The NOA states that we should resubmit the application/petition with the correct amount. Does that mean we should just re-send the original package with a new G-1450?

Any info on this would be greatly appreciated.

EDIT: We abandoned our K-1 petition because he was visiting when the pandemic started. We got married and are applying to adjust from his visitor visa.

Just a little background info:

I'm the USC and my husband and I had a K-1 applicantion turned COVID elopement (he came for a visit right before the pandemic hit). We are wanting to get the AOS filed as soon as possible because he would like to start working again. I'm taking his last name, but I'm wondering if I should complete all of that before submitting the paperwork with my new name? Would it cause complications for us?

Okay, so I've done some more research on this. It sounds like it could be an issue if there is any doubt that he might have come here with the intention to stay. I was thinking about it, and I think we should be able to present enough evidence to show there's just no way that was his intention: 

• He came with only a backpack, as he always does, for a two week trip. 
• He left everything: money, clothes, very important keepsakes - photos of his father who passed away, etc., his favorite pair of glasses. Literally everything behind in Mexico City. I will have to take a trip back to collect all of his stuff if he can't leave after we apply to adjust status.
• He has plenty of correspondence with his work and his jiu jitsu class about coming back in two weeks. He would have received a severance package (and while the peso was still good) if he had quit his job. 
• After he arrived, we still were taking steps to complete the K-1 process. I called and got the case number and we went through and completed the DS 160 together.

I really think we have enough to show that there's just no way he came here intending to stay. If anyone has any reasons why it would be a bad idea to do this, I want to hear all sides. 

@designguy @Paul & Mary @Mike E @little immigrant Thanks for the responses! I just want to make absolutely sure it's the right decision. I already started looking at dresses I could order online! We were already planning to do a quick legal ceremony anyway as soon as the K-1 went through and then a big reception later with family and friends. 

Also, I'm so sorry for everyone who is not with their loved one through this madness. I hope this isn't an insensitive topic. I know we are incredibly fortunate about the timing and I really hope things get under control soon or measures are taken to find a way to keep moving the immigration process during this.

I'm clueless about what the best option would be at this point because our plans were just to wait for the whole k-1 process to go through, so I never looked into anything else. My fiance just happened to be out here when the proverbial excrement hit the fan. About a week into his trip they declared this a pandemic, and then Wednesday he was supposed to fly back to Mexico, but we were hit with an earthquake and the airport was shut down and evacuated. So he's staying for now, I guess (honestly I'm so grateful to have him here with us during all of this). I don't even know if it would be an option for him to fly home as of today with everything going on with the US/Mexico border. He is a Venezuelan national with refugee status in Mexico, so who knows how that could fall through the cracks in a situation like this? His work is shutting down in Mexico for a few weeks anyway which buys us some time to figure this out. Technically he has six months on his tourist visa, so it's not like we'd be facing him overstaying for a while, but all of the uncertainty has me thinking why not get married? Is that even possible? Can you apply to adjust status from a tourist visa? I know I've heard that it's illegal to come here on a tourist visa with the intention of getting married, but that definitely wasn't the intention. This situation is scary and I want to marry him NOW. Haha!

I don't even know if any of these questions are even worth asking. There are just so many unknown factors going on with all of this. But if anyone has any advice for us, I'd love to hear it.

**Timeline note for clarity: fiance is a Venezuelan national interviewing in Juarez, Mexico**

Case received today, 03/09/2020 by NVC and case number assigned. Called 603-334-0888 around 11:30 MST and was on hold for about 30 minutes. Although the initial message when I called said that I would need the passport number, the operator only asked for my receipt number, my name and date of birth (I am the petitioner).

NOA2:  02/20/2020 (18 days from NOA2 to NVC receive)

On 2/21/2020 at 2:06 PM, Greenbaum said:

First you need to change your country in your profile. The country should be the country in which you plan to interview in. 

Thanks so much for all of the info! My only concern with changing the country is that when I filled out the timeline info, it asked specifically for beneficiary's country, and there are some particular issues with Venezuela--such as not being able to renew passports and lack of Venezuelan embassies in the US--that I would prefer to keep the data as accurate as possible in order to help others in the future or to be available for someone else in a similar situation to reach out to with questions. It had a separate place to enter the consulate, which I where I put Juarez, Mexico. Of course, those are just my thoughts on it, and if the benefit of changing the country to Mexico outweighs the benefits of leaving it as Venezuela, I can change it, of course.

Hello all! So glad to make it over here. I read through all of the posts and the PDF as well (thank you @Greenbaum). Was just notified that the petition was approved today - currently waiting to receive NOA2 in the mail. Although my fiance is Venezuelan, he is a Mexican resident and lives in Mexico City. From what I gather, the consulate he will be going through is the one in Juarez? Of course it would be more convenient if it were in Mexico City, but it sounds like they don't process K1 visas there. Any other links to info regarding this would be greatly appreciated.

Congrats to everyone who has already received their case numbers!!

19 minutes ago, Sinead91 said:

Hoping to be able to send away my RFE materials today, we are waiting on our certified translation to come back. 

 

Fingers and toes crossed!

 

 

 

Yay, Sinead! I was wondering about you guys. I'm glad you were able to get that documentation back so quickly!

1 hour ago, Greenbaum said:

Sometimes putting the pros and cons to a situation to paper reveals the answer to the matter at hand. Work on this together by taking a piece of paper and dividing it down the middle with "pros" on one column and "cons" on the other column. Then list each. Once you are complete then look at each and your answer should appear to you. Good luck. Sometimes a bird in the hand is better then two in the bush. 

That's a great approach. And I love the bird reference, btw. I always ask him if he'll be my penguin (you know, since he found a pretty stone and gave it to me so we could mate for life). 

A little update:

Waiting to hear back on our RFE response. We're approaching the two week mark and, according to the data, it's possible we may hear back soon! 

I got to see my sweetheart over the weekend! The irony of the timing on all of this kills me, though. Basically, he has a massive career opportunity presenting itself here in the next few months. It sucks so bad that he won't be able to work remotely after coming here. If that were the case, he could potentially set things up so that he could run it remotely, but basically he has to either figure out how to set it all up to run without him - and train someone to take his place within the course of a few months, or just not step up to do it at all. Of course, the worst part about it is that the whole timeline is all just a guessing game anyway. I never was a big fan of gambling... *sigh* 

The other option would be just to push back his entry to ensure that he could complete the project (if the visa comes through before the project is completed). Pros: great for his resume, extra income for him. Cons: delaying an already long process even further, and once he has his work permit, the amount he could make here would easily make up for the extra income made by staying an extra month or so. There's just such a huge difference in cost of living here vs. there. So really the only reason to do it would be for resume purposes - and we don't really know if there's much of a market for his field here in the US - since his education is all in Spanish.

The problem is that he needs to make a decision soon and there are just so many unknown factors in this process.

5 minutes ago, GinaCarterWebster said:

You must be replying to someone else? 

 

Nowhere in my thread do I say I got married?  I'm in this thread because I'm waiting for my K1 - fiance' visa approval. 

It's on your timeline. Marriage 2/14/20. Maybe that was a hopeful date?

Just to update, I was notified that my RFE response was received Feb 5. I saw that it was pretty common to hear back in about two weeks, so that would be super exciting! However... the most exciting thing is that I'm headed to Mexico tomorrow to spend a long weekend with my honey!! Hoping to see some more NOA2s in here before the week's up! Hang in there, guys! 

8 hours ago, Gummybear said:

Thank you guys for those peoples(different races)who cheer me. Thank you for understanding me and for giving me a mature advice. We tried to fix everything and he finally sent the whole RFE to me. We are now okay! We sent our RFE to USCIS already, I know everything will be fine. I wish you all guys to have a successful petition and happy marriage soon. Just keep praying, have faith and I think everything will follow. Thank you so much in this group or (wtever  is this).. I feel like I have a family who is concern about what I feel. Thanks God I found this page. Thanks for the peoples in here. 

Hi, @Gummybear. I just got caught up on your posts. Please, please look out for yourself. Make sure you have someone to talk things over with, someone who isn't afraid to give you their honest opinion and has your best interest in mind. People lie for a lot of silly reasons. People make mistakes in relationships and it takes a lot of courage to come clean. My fiance and I started our relationship off a bit rocky because he wasn't honest with me that he was seeing someone when he met me (I pursued him). It was one of those situations where it was more casual for him than it was for her (which is NEVER okay, btw). It took him far too long to admit to her that the reason he wouldn't see her when she was in town was that he had met someone else and we were developing feelings for each other. After a month or so, he "officially" broke things off with her and told her everything, but it wasn't until a few months later that he admitted to me that he lied to me in the first place. In the end, her and I became good friends and he learned a valuable lesson about honesty and overlapping relationships. 

All I can say is that self-love is about having firm boundaries and high standards for yourself and your relationships. Hold your partner accountable. There are times where the right decision is to walk away, and there are times where you can forgive and move forward - but the latter requires complete honesty and a lot of vulnerability.

8 hours ago, JanRich said:

Illegal? I dont get it...why would it be illegal if he is spending time with your son? I figured it would only be illegal if you are paying him to watch your kid....

Yeah, I never would have thought there could be anything wrong with my son spending time with his future step-dad. He's always trying to find ways to help me when he visits. I don't think I did the dishes once in two weeks when he was here for the holidays! But I was told that "any activity that displaces - or reasonably may displace - a US worker would be prohibited. This means paid or compensated work, unpaid work, internships, etc." I'm thinking it must have to do with people abusing the system. Like bringing someone over with a tourist visa to take care of your kids and paying them under the table and calling it "volunteer work?"

I feel like there is so much room to make stupid mistakes in this process. I've never thought twice about working remotely when I travel (I always have), and apparently that's an issue, too! I had thought maybe he could come here and visit for a while and just work remotely, but that's not an option.

3 hours ago, Greenbaum said:

Let's take a deep breath. If you both are a good citizens and have not had problems with the law and you meet all the other requirements then you have nothing to be worry about. I don't know your local laws about your husband hanging out with your son but I hung out with my step-son many times without problems. Sometimes it's best to just stay in one thread and ignore all the static that some others can create.

 

You have no reason not to keep moving forward. You'll look back on this and wonder why you ever worried this much. Smile 

Well, someone was saying that any activity that could be seen as reasonably displacing a US worker could be a violation. So if he is watching my son while I’m at work, that could be considered childcare.

4 hours ago, EllaC said:

Stop, how could that be a problem?! Omgosh. That's what people do is have a little celebration. Even the culture here is to have engagement parties. What you're describing seems so far from being interpreted as a wedding. Are you kidding me? 😄 Now maybe something in church, like a religious ceremony, even though in other countries priests have nothing to do with getting people married... from a legal standpoint... I can kind of see how that could be perceived as getting married. But to have a little get together to celebrate with friends... Jeeze. I couldn't imagine being suspected of having gotten married. 😲

I think I’m starting to get paranoid that I’m going to accidentally say or do the wrong thing or break some rule I didn’t know about and screw everything up. And everything is on the line with this! I just found out that if my fiancé hangs out my son while I’m at work, there’s a chance that could be considered illegal? I never in a million years would have thought. And for some reason I totally thought working remotely would be ok. I don’t know how many times I’ve worked from my computer while traveling without even considering that I might be breaking some kind of laws doing so! It’s a lot to process. I love having these forums as a resource, but it’s definitely causing a lot of anxiety.