lecht008

I've seen two types of advice for working while waiting for EAD so I thought I would ask just to see why that is.  My spouse has sent in her AOS and EAD applications but has been asked to start working by a potential employer.  She told them she is waiting for EAD and they said they would pay her in cash so there would be no problem.  Regardless, we're both worried about any issues of working before EAD is approved.  But I've seen on VJ that people have said illegal work is no problem for spouses of US Citizens.  So even if USCIS found out it wouldn't be a problem?  How would it even come up, in the AOS interview will they ask if you've ever worked while in the US?  And why have I also seen on VJ people saying that you cannot work before EAD is approved, no exceptions? 

For a k1, the answer is always no.

Yes, you can translate it. At the end of the translation put the following info: https://www.visajourney.com/guides/uscis-document-translation/
You translate everything including the headers like "Acta de Nacimiento" and write again the document numbers, etc. like "047063"
USCIS also references the DOS Reciprocity chart. Also include a photocopy of the untranslated birth certificate.

Part 4 is only for DACA-based AP. See c(5) on Page 9 of the instructions: https://www.uscis.gov/sites/default/files/document/forms/i-131instr.pdf Thus the following is optional: You can put "As needed" for the purpose.
 
Put TBD for "Expected Length of Trip" and "Date of Intended Departure" fields. You can input TBD using a PDF editor or by hand. In Part 7 select "More than one trip" box.

On form I-130, Part 5, question 1, it asks if I have ever filed a petition for this alien before.  I have filed 129F for my wife because we originally were waiting on a fiancee visa for her, but since she was visiting me in the US, we decided to get married and go for AOS.  Do I answer no or yes for this question (because of the 129F?)  We consulted an immigration lawyer before getting married and I asked him about this question and he said no:  "That question generally refers to immigrant petitions, and though the consulate treats an I-129F as a ‘quasi’ immigrant petition, USCIS treats it mainly as a nonimmigrant petition. Basically, what they’re asking you there is if you’ve ever sponsored someone before for a green card, which is limited to forms I-130 & I-140. So you would answer no."  I just wanted to ask to see if anyone thought differently. 
 
For form I-864, part 6, question 25, there is a box that says "I've attached evidence that I didn't have to file taxes..."'  For 2018 I didn't have any income (I did, but it was below the IRS threshold) so I didn't file taxes.  What evidence could I send to show I didn't need to file taxes?      
 

But since we've already applied for a K-1 visa, won't USCIS be suspicious that she came here just to get married?  

Please disregard this, it's working for me now 🙃

NOA2 received today , I am beyond happy 😊 

Congrats! It’s a good feeling! Welcome! 😀

Happy to join this group!  NOA2 notification received today!  We're one step closer everyone 🙂

Happy to join this group!  NOA2 notification received today!  We're one step closer everyone 🙂

Technically speaking, an RFE is a written request for more information and documentation that USCIS mails out if they believe that they don’t yet have enough evidence to approve or deny a given application. An RFE normally is a minor item and should not be looked at like it's a denial but an opportunity for you to complete your application. USCIS would not send out an RFE if they were going to deny your application. It's just a step that they must take and once they have your information and it meets their approval then you should be seeing your NOA2.
 
There are many varying degrees of RFE's. Some as simple as not "ticking" off a question. Others forgot the fiancé(e) letter and then others who met on a website and now need to prove that it wasn't a marriage arrangement website.
 
Once you get your RFE, read over very carefully as you only have one chance to reply accurately without causing undue harm. Once you know FROM THE RFE what it is set out to correct and to include "everything" they are asking for. Then reread the RFE to ensure you are compliant. Make copies of everything for your record and send back using their instructions which are contained within the RFE. If the RFE requires a signature, PLEASE don't forget this. Include the original RFE letter along with a cover letter explaining what you are including in your reply. Like a checklist format. Once received at USCIS your case will begin adjudication where the agent had left off. No one can tell you how long it will take so be patient.
 
A good rule of thumb is to do what do will do.

This happened to us also, we originally sent two separate letters of intent and that was not enough. So for the RFE we sent a joint letter of intent and named a date we were trying to get married pending visa approval. Also had both families (parents) write a letter of their knowledge of Intent to marry as well as I had one set of friends write a letter as well. It seems like a pain but just give them what they want. The turn around for the RFE was pretty fast (within 2 weeks) although now we’ve been waiting to get a case number from the NVC for about 3 months.

If this has a traditional aspect or if it was a big celebration (extended family etc.) I would avoid sending these, because in the past, there’s been incidences people have been denied visas because they were deemed “too married” for a K1.
I think the two letters by each of you, Should suffice and make sure that both of you sign each other letters as well. Also a receipt of the engagement ring/wedding ring would also help out for additional evidence more than actual wedding plans since you cannot set a date rn. 
 
If you want to go the extra mile, you could email your local court house requesting information on what documents are required for a foreign person to get married and such. And then attach a copy of the email. 

Thanks for the advice, I think I'll email the courthouse to see what they require 

06/15/20: 8AM - Well the numbers are up this month, it's looking a lot better then last and continuing. Although the Avg. Processing times recently spiked pretty high it has however come down a bit as the month progresses from an original 168 days to now just 160 days Avg. processing time. The Current Total of VJ member approvals in the first half of June is 50 thus far!  Lets hope the trend carries, for all who are waiting  
      The Trend is approx. a 50/50 split between Nov./Dec. and Jan./(smidgen of Feb.) of approvals with what seems to be now an equal amount of attention on both 2019/2020. So hopefully  they can clear out the backlog and move forward efficiently and timely and stay on top of the future petitions as well. 
      Though, the attention shift as of late towards processing the backlogs has primarily fed the higher avg. processing times of 160 days (previously 168 days), in any case even current timelines (not withstanding the backlogs) sit at a higher than normal Avg. of 137 days still.
Good Luck to all!  
 
Btw, there are many reasons why the numbers would change after the lock downs, mass hysteria, ect... and the like. one for example would be aux. agencies USCIS uses to get background information from reacted later to the "situation" and there fore may have still been sending timely information to the USCIS for a while before it started to slow, ect... or any reason listed above as well as a plethora of others. 
 

TSC does not handle I-129Fs for a K-1. They stopped that many years ago. Anybody entering that (or a transfer from TSC to CSC) is doing so by mistake. People often believe the Texas lockbox is TSC - it's not....they are different facilities.
So any data you see for TSC here is a mistake and should be ignored.
 
When processing times are speeding up, you typically see this reflected in the numbers quickly as more people are completing their timelines showing approval in a quicker than average timeframe.
 
The opposite is true when timelines slow down. The system has no way to know if the reason it's taking longer than average is because of slower processing or people just not updating their timeline.
As such, it takes longer to see slowdowns reflected. The system needs to see people completing their timelines to reflect the longer processing timeline. That can only occur once groups of those people actually start to get approvals.

No - those increased timelines don’t occur instantly, they increase gradually over a longer time frame as staff starts falling behind in daily output of case work.
 
USCIS has announced a possible furlough of employees and contractors due to lack of funds, if the government doesn’t step in to help. This will go down in July as it currently stands. Knowing this administrations position on immigration, I don’t see those needed funds coming (but I hope I stand corrected, for the sake of the employees). The likeliness of having to expect even longer delays is there.

The DS-5540 is not used for the K-1. No need to fill it out. You will fill out another form the I-944 which is similar but not till you submit your AOS after marriage.

Just called and they said I should sent a withdraw request in the mail to the CSC.  Fingers crossed it works 😅

You can wait as USCIS will find out when they go to collect their payment, but the best thing to do is to call USCIS and explain the problem. When calling be sure to have receipt numbers. You called them case numbers but a case number is issued by NVC and not USCIS. Just keeping it real.
 
The USCIS phone number is: 800-375-5283
 

You're reading the outdated one. Below it says "2019 VERSION"

You just need 2 photos for the embassy interview. The photos at the medical are taken by them.
Scans  from your petittioner are fine. I did the same and had no problems with it.
At the interview I didn't saw they had the I-129F on hand (May be on their system already as Greenbaum said). Yes bring a copy of it as you don't know what information they may require at the last momment. They asked me for my fiance birth certificate and passport (They should have already have it, but anyways they wanted I give it to them).
As for the documents required, I updated the  list of things they asked (The P3 letter) on the  consulate info section:
https://www.visajourney.com/consulates/index.php?ctry=Peru&cty=Lima
 
 Read the part that say "Packet 3 Contains"
 

Q1. The P3 would have the requirements but at least 4 would be the least amount required..
Q2. Most embassies are not requiring "wet" signatures and scans are fine. I would again refer you to the P3 once you receive it for the answer to this question.
Q3. The I-129f has been scanned and is in their system. If you want to play it save you cans send a scan copy, beneficiary can print it there locally and use it to "brush up" on the petitioner's background as well as having it for the rare case if it asked for.
 
Additional required documents will be listed in the P3 but what is listed is mostly the beneficiary's responsibilities.

My fiancee is going to have to deal with the US Embassy in Peru after our I-129F is approved.  I am trying to get information from the Peruvian Embassy's website about what documents will be required but I can't really find anything (and honestly I don't think they have any information posted).  Here's a link https://pe.usembassy.gov/visas/immigrant-visas/fiancee-visa/how-to-apply/   All the Embassy has are links to the USCIS website.  Here is another webpage that I think is more useful?  https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/list-of-posts-k1-k3-visas.html 
 
Correct me if I am wrong, these are the documents we will need (I pulled this from the second link):  
-DS-160 form 
-Original birth certificate
-Certificate of criminal and judicial antecedents (anyone know what this is?)
-Police certificate
-Two 5 x 5 cm. photographs taken within the last six months (is this both petitioner and beneficiary or just beneficiary?) 
-Divorce decree(s), if applicable
-Medical examination (instructions provided once approved petition arrives in Lima)
-Evidence of financial support (I'm assuming this is Form I-134?)
-Evidence of relationship (Do we need anything besides what I submitted in form I-129F?)
 
Also,  does the beneficiary need to have original documents from me or can I send her scans (of e.g. the signature page of I-134)?