WeekendPizzaiolo
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Posts posted by WeekendPizzaiolo
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On 2/20/2023 at 7:50 PM, WeekendPizzaiolo said:
Hi all, Some excellent news! We filed our Adjustment of Status (I-485) from a K-1 visa with a receipt date of 06/08/2022. Last Friday, 02/17/2023, our status for the I-485 was changed to Approved without interview. I don't know if our organization helped or we were just lucky. When assembling our package, we read every instruction, question, and answer about 5 times. We also put removable tabs on every sheet. We also paid for (and sent) certified marriage certificates since the seal is embossed and does not appear in the PDF scan. Or maybe it was our turn - our I-129F and K-1 forms took disproportionately long to approve.
I-131 and I-765 are still in process - I presume they will be cancelled.
Good news! We finally received the green card in the mail today! Here was the timeline:
06/08/2022 Receipt date of I-485
02/17/2023 I-485 approved without interview
02/23/2023 Card was produced (via USCIS case status)
02/25/2023 Card was mailed (via USPS tracking history - no update on USCIS case status)
02/28/2023 Card was delivered (via USPS informed delivery - again, no update on USCIS case status)
🎊🥳
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On 2/16/2023 at 12:17 PM, A+N said:
Hello, we received a letter from NVC stating they will now forward our case to the embassy in Montreal, and the process may take several weeks. It also said that the embassy will contact us when they are ready to process our case. I’m wondering, do we start on the DS160 and i134 forms now, or do we do that when the embassy gets in touch with us? Also, when do we schedule the interview… does the embassy tell us when to do that? Thanks in advance!
Hi,
The CEAC status can sometimes be confusing because the text is written for all consular posts and each consulate has a slight variation on procedures. In our case, USC Montreal did not let us select our own visa appointment, but scheduled it for us automatically in the Packet 4 e-mail that they sent to us. This may have changed, but this is how it was 14 months ago.
For now, do not submit DS-160 - you need to wait until the embassy sends you a Packet 3 e-mail, which can takes weeks. Do not schedule your medical until instructed to do so in Packet 4. If I were you, I would get Packet 3 documents ready so that when you receive the Packet 3, you are ready to send it back checked and signed the same day.
If you are curious, the Packet 3 e-mail looks something like this (copied from my own records - 12/2021):
QuoteDEAR XXXXX YYYYYY,
This office is processing the below-referenced K-1 Fiancé(e) visa case. In order to continue processing this case, please visit https://ca.usembassy.gov/wp-content/uploads/sites/27/2016/07/Packet3Instructions-K1.pdf to complete and return to the Immigrant Visa (IV) Unit the required application form, a copy of the passport and the checklist of documents to gather for the interview. After completing the DS-160 application form online, please make sure you select/submit your form to the ‘U.S. Consulate General Montreal’ as the place of your future interview, despite where you are living in Canada.
If your child/ren listed on the petition is/are accompanying you, the DS-160 Confirmation page and a copy of the passport biographic page are also required for each of them.
All forms need to be sent to the U.S. Consulate General in Montreal by e-mail to MONTREAL-IV-DV@STATE.GOV with the following subject line format “Case Number – DS-160 CEAC # Barcode”
e.g. “MTL2018000001 – DS-160 CEAC # AA003GU160”
Please allow six weeks for the review of your case, after you send the required documents. Upon completion of the review, the U.S. Consulate General in Montreal will send you a Packet 4 letter with instructions on how to get the medical exam done in Canada and how to schedule your immigrant visa appointment. Do not get your medical exam in advance as it has a limited validity!
Thank you for your cooperation.
Sincerely,
Immigrant Visa Unit
U.S. Consulate General Montréal
The list in Packet 3 includes a police certificate under the privacy act from RCMP, which is probably the most difficult document to obtain [see below - *]. You also need a police certificate for every country where you have resided for at least 6 months since the age of 16. See this State Department page for more details on required Canadian documents: https://travel.state.gov/content/travel/en/us-visas/Visa-Reciprocity-and-Civil-Documents-by-Country/Canada.html. In our case, we also needed to refer to the Brazilian documents page for birth certificates, military records, police reports. For example, if you studied abroad in France for 6 months, you will need to refer to the requirements for French documents.
The Packet 4 e-mail for K-1s looks something like this:
QuoteThis email is to remind you that you are scheduled for your Immigrant Visa appointment in Montreal on 02/01/2022 at 07:30:00.
Address:
1134 Saint-Catherine St. West
Montréal, Québec, H3B 1H4
CanadaDear XXXXX YYYYYY,
This office has completed the review of the below-referenced immigrant visa case. You are now ready for an interview at the U.S. Consulate General in Montreal, where all interviews for immigration to the US from Canada are processed. This letter provides information on the next steps you must take to continue with your immigrant visa case.
Your appointment has been scheduled as noted at the end of this letter. If you cannot keep this date please notify this office immediately by email at: Montreal-IV-DV@state.gov with subject line “Reschedule appointment” and providing us with your case number. After your appointment date has passed, please visit https://ais.usvisa-info.com/ and request a “no show” appointment. Please note that there are long wait times for rescheduling appointments.
Your passport and the completed visa packet will be sent to you via our courier service using the CSC Visa Information Service. Please visit https://ais.usvisa-info.com/ to register for the CANADA POST courier location to pick-up your immigrant visa packet and passport. You must have the Passport Number, Date of Birth, Nationality, MTL case number and visa category for each applicant (principal applicant and all family members, including children) ready to access the website. When prompted to select “Trip Purpose”, you must choose ‘Permanently Immigrate to the US.’ After entering your information, you will be prompted to select a DHL courier location. The courier service is provided to you at no cost. Please be sure to register for each applicant, including children.
Fees
If you have previously paid all fees due to the National Visa Center, there will be no additional fees to pay on the day of the interview. If you have not paid fees at the National Visa Center, please be prepared to pay the following fees on the day of your interview.
I-130 immigrant petitions filed in Canada: $535.00 US for each applicant
IV fee for each family member (spouse/children) added to a petition: $325.00 US for family-based applications and $345.00 US for Employment based.
SIV cases: $205.00 US.
DV cases: $330.00 US for each applicant.
All fees may be paid in US dollars or the Canadian dollar equivalent. We accept cash and credit cards only.
K (fiancé/e) visas: Must pay before arriving at Consulate. See https://ais.usvisa-info.com/en-ca/niv/information/fee for more information. (Please bring a copy of your MRV fee payment.)
Please note if a person is found ineligible to receive a visa, the application fee cannot be refunded.
Medical exam
Each intending immigrant, regardless of age, is required to have a medical examination, and submit the results on the day of the interview. To schedule a medical examination, please visit https://travel.state.gov/content/travel/en/us-visas/immigrate/the-immigrant-visa-process/interview/interview-prepare/medical-examination.html and select Montreal as your case processing post at step 2.
IMPORTANT: ***please bring this letter and the appointment confirmation sheet you will receive from http://canada.usvisa-info.com/ to the panel physician medical appointment. ***
The day of your interview
Please bring to your interview the original and one copy of each of the following documents (as applicable), for each applicant:
***If you have an electronic Immigrant visa case please ensure ALL NEW and current documents are scanned to your DS260 application form prior to your appointment date.
The appointment letter showing the date and time of your interview
Passport valid for at least 6 months beyond the date you plan to enter the United States – bring a copy of the Biographical pages
Birth certificate (Petitioner and Beneficiary)
Adoptions decree (s)
Marriage certificate (s)
Death and/or divorce certificate(s) (Petitioner and Beneficiary)
Police certificates from each country in which the applicant has resided for one year or longer. The certificate(s) must be issued within two years of the date of the visa appointment. NOTE: An applicant must present a police certificate from his/her country of current residence and country of nationality, if residence in such country exceeds 6 months
Court records
Military records
Evidence of domicile in the United States
Job offer letter (for employment-based visas)
Affidavit of support
Evidence of support
Medical examination
Two photographs (in color)
The U.S. Consulate General is located in downtown Montréal, at 1134 rue Ste-Catherine Ouest, Montréal, Québec H3B 1H4 (corner of Stanley and Rue Ste-Catherine). Please note that all visitors to the U.S. Consulate General in Montréal are screened by U.S. Consulate security prior to entry. Screening includes inspections via a walk-through metal detector, a hand-held metal detector and an x-ray machine for personal items.
The following items are prohibited inside the U.S. Consulate:
Food and beverages;
Weapons or tools;
Briefcases, backpacks, luggage, or large purses;
Electronic or recording equipment of any kind, including, but not limited to: laptop computers, cell phones, PDAs, audio and video players, and pagers;
Oversized strollers;
Nail files and nail polish.
The following persons may accompany a visa applicant during his or her visit to the Consulate:
Interpreter: If you are not fluent in either English or French, a friend or family member may serve as translator.
Special Needs Visitors: If you are elderly, disabled, or if the applicant is a minor child applying for a visa one person may accompany you.
Please provide the names, date of birth, place of birth, and nationality of those authorized to accompany you to the interview. Please have them bring a government issued ID on the day of the interview.
U.S. Consulate General Montreal will honor Canadian government and Quebec province restrictions for those who have recently travelled. Please check COVID-19: Travel, testing, quarantine and borders - Travel.gc.ca for information on travel and quarantine restrictions. Consular applicants and visitors will need to affirm that they have followed Canadian government requirements before entering our facilities.
After the interview
If your visa application is approved, we will put your visa in your passport and send the passport and the completed visa packet, if required, to you by our courier at no extra charge.
You must travel to the United States and apply for admission as a permanent resident within the visa’s validity period. If you currently reside in the U.S, on a non-immigrant visa, you may be able to pick up your passport with visa and visa packet in the afternoon of the next business day after your interview. Unless you need your passport for travel, you may return to your address in Canada on the day of your interview.
Do not make any travel arrangements to move to the United States, dispose of property or give up your job until a visa has been issued to you. A consular officer can make a decision regarding your visa application only after your formal application and all documents have been reviewed, and you have been personally interviewed by a consular officer.
Thank you for your cooperation. We look forward to seeing you at your appointment.
Sincerely,
Immigrant Visa Unit
U.S. Consulate General Montréal
In our case, the website was not working properly so we were given an exception to pay the MRV fee in cash at the embassy -- it's probably been fixed since then, I hope! A PDF of the Packet 4 e-mail is needed to schedule the medical with the doctor via e-mail (see https://travel.state.gov/content/travel/en/us-visas/Supplements/Supplements_by_Post/MTL-Montreal.html for a list of doctors). During your medical exam, make sure to ask for DS-3025 (vaccine worksheet), which you will need for your Adjustment of Status after you get married in the US on your K-1 visa.
I hope this helps!
-D
[*] The standard police report, which is usually sufficient for Canadian purposes, is not sufficient for the US government because the report often omits details such as expungements, cleared arrests, and dismissed charges. If you visit a police station in your province, they will probably select "Reason: Immigration" in the fingerprinting computer, which will give you an incomplete police report that will be rejected by the consulate. Many officer are not familiar with the Privacy Act option, which gives you a full, unredacted report. We used Commissionaires (https://commissionaires.ca/en/) because their online system lets you select the Privacy Act option when booking an appointment (at least the Ontario division of Commissionaires does).
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4 hours ago, Edward_Jaqueline said:
Congrats. Did you get an email beforehand asking for I-693? And did you ignore it?
Thanks. We did not receive such an e-mail.
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Hi all, Some excellent news! We filed our Adjustment of Status (I-485) from a K-1 visa with a receipt date of 06/08/2022. Last Friday, 02/17/2023, our status for the I-485 was changed to Approved without interview. I don't know if our organization helped or we were just lucky. When assembling our package, we read every instruction, question, and answer about 5 times. We also put removable tabs on every sheet. We also paid for (and sent) certified marriage certificates since the seal is embossed and does not appear in the PDF scan. Or maybe it was our turn - our I-129F and K-1 forms took disproportionately long to approve.
I-131 and I-765 are still in process - I presume they will be cancelled.
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On 2/19/2023 at 8:05 AM, Edward_Jaqueline said:
Two questions then: was this email sent in error and I should ignore (have you guys received one?)
and will it hurt if I do the medical and send it in anyways?
My spouse had their I-485 approved on Friday without interview and no RFE. I just checked our application package. We submitted a DS-3025 with our I-485 package and referenced it in the cover letter.
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1 hour ago, Jln2792 said:
I am finding the information provided incredibly unclear as I navigate preparing to submit a K-1 visa to have my fiancé from Brazil come the the U.S. I would appreciate any help. I have some general questions.
1. What all do I need to submit with the I-29f? With her being divorced, as well as myself, do these documents need to be submitted with the initial I-29f?
2. If so, am I able to translate the documents myself from Portuguese to English?
I have many more questions, but I’ll just start here. Thank you so much for any help!I did the K-1 and wish I did the CR-1. It is double the work and your fiancé has an indefinite period when they can neither work nor (easily) drive upon entry until they receive their EAD card. They also cannot leave the US until they receive an AP card. There are much better alternatives that allow you to work, get a license, and open accounts upon arrival: CR-1 (conditional green card on arrival valid for 2 years, married < 2 years) or IR-1 (10 year green card on arrival, married >= 2 years).
1. I think you mean an I-129F. The immigration guides are here https://www.visajourney.com/guides/. It includes a checklist of documents you will need to submit with your I-129F. Yes, you will need to include divorce certificates for you and your fiancé.
See #9 in the K-1 guide here:
2. Only if you can certify that you are fluent in both languages.
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In CT, we received our certified marriage certificate the next day. The lead time in CA depends on the county. My friend got his certificate within a few days earlier this year (Alameda County, California).
Since you are in a hurry, please try to triple/quadruple check every item and every question in your AOS packet. I assume you are following the guide here:
It is never too early to prepare everything now and then make minor edits before your final print, check, and submit.
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6 hours ago, Thuy2104 said:
My bf got quoted 10k for filing K1 visa process in Atlanta. We are looking for other attorneys with more reasonable quote. Can you share your contacts?
Much appreciated
In 2020, we had K-1 quotes from 3 law firms in San Francisco (a more expensive city than Atlanta) which were $1.8K, $2K, and $2.5K. The lawyer ended up being more of a hassle. We did most of the work. They introduced transcription errors multiple times that we had to fix. They were unfamiliar with local rules, e.g. police certificates, vaccination, etc. They were very late to forward consular notices to us. This would have delayed us by 2 months if we did not proactively e-mail the consulate after our Packet 3.
Given our experience, for our AOS, we filed ourselves without a lawyer using instructions on this site. Most people on VJ are DIY. If you are careful about reading instructions, you can do it yourself. We highlighted all instructions that did not apply to our case in a different color.
If DIY seems daunting or you lack the time due to a busy schedule, you might consider SimpleCitizen, which has automated software for generating your filing package. See here: https://simplecitizen.com/pricing/ . It costs $249. They will generate the package based on the data you enter in a web form and ship it to you for signature and mailing.
- JeanneAdil, Adventine and Unlockable
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11 hours ago, Rocio0010 said:
I myself haven’t done a K1 or CR1, but I immediately knew that you were in the wrong when you posted about uploading documents to NVC with a K1. Been here long enough to know that.
The most experienced members here have been telling you you are wrong, but you insist. And you tell them that their K1 journey was successful out of luck. No bro, you need to read it the guidelines for K1 posted in VJ. Read, read, read.I have successfully done K-1 and I agree with you. It was frustrating and wrong for OP to reflexively ignore the advice of experienced members who succeeded with the K-1 process. That said, the original question struck me as valid because the CEAC status message for K-1 NOA2 includes hyperlinks to instructions for IR/CR, but it does not include hyperlinks to K-1 instructions. CEAC status messages should be improved across the board. OP being wrong and CEAC being user-unfriendly are not mutually exclusive. It seems some disagree.
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14 minutes ago, Marieke H said:
I'm all for giving people a break. However, when multiple seasoned VJ members take the time to explain how someone is misunderstanding the process, only to be told that they are wrong, it gets very frustrating.
The first person to reply wrote "Perhaps if you had done proper research, you would discover that K1 applicants do not upload anything to NVC, nor does NVC send a ‘welcome letter’. There’s very little interaction with NVC for K1s." The "proper research" part of the response strikes me as unhelpful. What is the definition of "proper research" when incorrect or blatantly confusing information is provided in an automatically generated status message when one looks up their case? A more helpful response might be something along the lines of:
QuoteThe State Department often sends instructions intended for CR-1/IR-1 visas to K-1 visa petitioners/beneficiaries due to the fact that the CEAC IV system is primarily designed for immigrant visa applicants (not K-1 visa petitioners/beneficiaries). Many NVC features are not used for K-1 visas including invoices and document uploads. Instructions written for IR-1/CR-1 visas should be disregarded by K-1 applicants/petitioners - they should wait until they are sent instructions germane to K-1 applicants and petitioners. Read thoroughly the State Department's instructions for K-1 visas here (https://travel.state.gov/content/travel/en/us-visas/immigrate/family-immigration/nonimmigrant-visa-for-a-fiance-k-1.html#4) if you want more information about the next steps, not the immigrant visa instructions linked in your status message.
Any reasonable person would expect when a government provides them with instructions, they should heed them. They may not realize the government is often not careful selecting the instructions they provide you. It is like a bank giving you instructions for a car loan when you've just applied for a boat loan. Or the DMV giving you a driver's manual for a motorcycle when you applied for a driver's license for a car. The seasoned posters are correct - ignore instructions that do not apply to you. It still makes the process frustrating.
The OP will need to get used to this pattern of bureaucratic behavior in future steps of the process (DS-160, AOS, ROC, etc.) to avoid anxiety. I do not think another complaint will fix it. The State Department has limited IT competence and is not indoctrinated with the best practices for web software used in the private sector including the periodic review of all automated e-mails/status messages for every common type of user. This will not change any time soon.
By the way, here an excerpt of the Second Step section of the State Department's instructions for K-1 visas:
It does mention that the NVC will mail you a letter. This letter was e-mailed to us, not sent by mail as instructed. The instructions also do not mention an important caveat that the NVC only sends a case when the embassy or consulate has capacity, which can take 6 months-12 months after NOA2 due to COVID. In our case, our letter did not arrive by e-mail until 8 months after our NOA2. As I understand it, before COVID, the typical time frame to receive such a letter was what most would consider a normal bureaucratic delay for the US government (weeks to a month or two).
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Give the OP a break. I very much understand their confusion! The process is not user friendly in the slightest, especially to most people who are not familiar with immigration law. I think many of those who applied for a IR-1/CR-1 may never be carefully examined the USCIS case status given to an I-129F petitioner after receiving their I-129F NOA2 in the mail.
I saved away my CEAC case status in my archives after my I129-F NOA2. It appears as follows.
It seems State is repurposing software tools used for IR-1/CR-1 for K-1s. At different stages, the title of this status window changed between "IMMIGRANT VISA APPLICATION" and "NONIMMIGRANT VISA APPLICATION", and changed back -- why? If you click on the links provided in the NOA2 case status (http://nvc.state.gov), the website gives you instructions for IR-1/CR-1 visas for uploading documents to CEAC and paying your invoice, two things that do not apply to K-1s. This is not user friendly!
It is reasonable for the cautious among us (e.g. those who pay our bills as soon as we receive them) to assume that the words for their case status have been carefully crafted for K-1s, but the words are not carefully chosen for K-1s. Some cautious individuals might try to find the invoice number (it is referenced in their case status after all) under the false belief that there is an outstanding payment that is due when there is no payment due for K-1s in CEAC. The invoice number for I-129F petitioners even exists, but once you receive it from the NVC call center, you cannot pay it using CEAC nor can a K-1 petitioner log into their CEAC. Again, State is using software designed for IR-1/CR-1 to keep track of K-1s but not using the invoice and document upload features. If State spent a few hours carefully crafting a status message for K-1s (including not mentioning the term invoice numbers nor providing links to instructions for IR-1/CR-1), this confusion among thousands of yearly K-1 applicants could be eliminated!
The lack of user friendliness continues in later stages of the process including:
- contradictory e-mails from the consulate (you may pay your IRV fee in-person on interview day, you may not pay your IRV fee on interview day). We paid at the consulate on interview day.
- an e-mail from the NVC that your interview has been scheduled and then an e-mail from the embassy saying to disregard this e-mail from the NVC as no interview has been scheduled and then admonishing the applicant to wait for the consulate's scheduling e-mail
- contradictory in-person instructions at the embassy (The consular website charged us 3x for our courier service. The cashier told us to buy a postage paid MEDIUM envelope because our courier payment could not be found in the system, the CO called us to tell us to come back with a postage paid LARGE envelope because the MEDIUM envelope is too small, and then there was a security guard who refused to accept our LARGE envelope).
- consular variances in state department policy (For example, US consulate in Montreal requires vaccinations to be up-to-date to schedule an interview, but that information is not in the State Department instructions)
- e-mails with instructions to click here for my Loomis tracking number even though CanadaPost was used, and
- an immigrant visa control sticker on my financé's passport when we finally received the K-1 from the embassy.
In terms of terrible user friendliness, I literally have never seen anything like it! The whole end-to-end K-1 process was as if someone disobeyed all the best practices for user friendliness over and over again. No one regularly reviews form e-mails and status messages for clarity. There are no surveys about how the process went and what was confusing. Even if human error on part of the applicant is to blame, a survey or user study may help identify common patterns of confusion to eliminate such human error. A more user friendly system would reduce costs as there would be fewer e-mails and phone calls asking for clarification.
My advice to the OP would be to expect that confusing communications & status messages and do not expect anyone to care about improving the user experience of interactive websites. My rule of thumb is that interactive forms or automated e-mails can give dubious information but static published instructions are usually pretty accurate. Official PDF instructions (say I-129F or I-485 instructions) that are current (see expiration date at the bottom of the instructions) are accurate but laborious to read - please read them! If one highlights instructions that do not apply to them in a separate color (say pink), then it becomes easier to flip through the instructions. VisaJourney is an invaluable resource for helping understand the idiosyncrasies of how K-1s are processed at each consular post. Please follow posts for the consular post in which you are applying as the consular norms can and do change occasionally (https://www.visajourney.com/portals/index.php?auto=1).
Best of luck to you!
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On 5/15/2022 at 6:48 AM, Crazy Cat said:
It is not a silly question. It is one of the major drawbacks of a K-1 and/or adjusting status. It seems many people place little concern on the front end, then anguish during this "limbo" period. It is worth mentioning.
Some people had little choice due to covid-related border closures, some of which lasted over a year and other closures that continue to this day. I was ineligible for the exception Canada made for (non-married) significant others of Canadian citizens and PRs as my partner was in the country as a student. Canada was not allowing re-entry for students with a valid student visa if their program moved online as a result of COVID. In most cases, K-1 is not the way to go, but there are exceptions, especially during the peak of the COVID era.
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1 minute ago, DaveAndAnastasia said:
Just a minor nitpick because I doubt this actually applies in Mexico and almost definitely doesn't to the OP, but if your marriage would not be legal where you live, then it's not valid for immigration purposes. There are some cases where marriages that are legal in other countries are not valid in the US (most notably multiple spouses are legal in some countries, first cousin marriages are not legal in all states but are in some countries, and minimum age for a legal marriage varies).
FWIW, I'd still saying doing a K-1 was absolutely the right thing for us in 2018. Anastasia couldn't easily get a US tourist visa so we couldn't marry in the US, getting married in Russia takes a lot of time in-country (like over a month) or multiple visits in a short time (neither of which were practical for me), getting married in a third country would have meant choosing a meet-up location expressly for being somewhere two foreigners could marry quickly and easily (which in fact isn't true of a lot of major tourist destinations in Europe -- in quite a lot of European 'destination weddings' the couple actually legally marries beforehand in the US) which meant we wouldn't be able to start the process for another 3 months or so at minimum after when we did, at the time K-1s were taking about half as long as CR-1s from petition to POE, we wanted to have a kid soon so working immediately wasn't a huge issue, our local field office was pretty fast for AOS on average at the time, and Utah zoom weddings weren't a thing in 2018. But generally the CR-1/IR-1 path is better, especially now.
Indeed, K-1s are often not the preferable option, but you outline a good case. In our case, due to Canada's strict COVID measures, the K-1 was the only option. My partner was studying in Canada during COVID-19. He could not leave Canada without losing the ability to return due to academic programs temporarily operating 100% online. He could not sponsor me to visit as a significant other during COVID-19 emergency rules (only Canadian citizens and PRs) so there was no way for us to physically reunite for 18 months. If there was not a worldwide pandemic with harsh border closures, we would have gone the CR-1/IR-1 path. I am just surprised how many people have heard of the K-1 but do not evaluate other options available to them.
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20 hours ago, khahlh93 said:
I just got back from my visit to meet my girlfriend In Mexico. While I was there we got engaged. So now we are going to try for the K1 visa. I got a lawyer lined up but have not paid yet. The lawyer wants 1500 for her work. Half(750) to start and the other 750 at the the time ti send in. My fiancé has been married before there in Mexico. We already have her paperwork proving she is divorced. She has no criminal charges, but I have a misdemeanor for a bad check from like 2-3 years ago. We are both in our 20’s so it’s no big age gap. I also have western union receipts of where I pay her rent food and Wi-Fi for us to talk like all day. I’m not the best with paperwork/ technology but I’m not stupid either so yeah. So With this information I was wondering do I need to get this lawyer to help. Or can I pull this off for us by using one of them help sites like boundless or any other site like that. The question is racking my brain so I would love any advice I can get before I go paying anything.
I did the K-1 and wish I did the CR-1. It is double the work and your fiancé has an indefinite period when they can neither work (nor drive, which makes road trips more difficult) upon entry until they receive their EAD card.
My lawyer charged $2K in 2020 and they did barely any work. They sent me a checklist, which was accurate. The lawyer did not interact with me at all upon paying - only his paralegal. They were slow (months) to respond to notices that I could have responded to the same day. The lawyer likely added 3-4 months to the process.
If you do not want to pay the cost of a lawyer but you also fear that you might miss some minor detail (which is why most visa applicants probably hire a lawyer), I recommend SimpleCitizen (simplecitizen.com), which is backed by the same investors as DropBox. SimpleCitizen is like TurboTax for immigration. SimpleCitizen has you fill out all of your information in a web form and then fills out this information across multiple PDFs. For example, if you made a typo on your address, you only need to change once on a web form and the software propagates the change to all of your forms. They also do certified translations for free. The software organizes your file into a single packet for you to print with table of contents and cover letter, which you can then print, sign, and then ship to USCIS.
Many on VJ prefer to do it completely DIY. If you go this route, be sure to quadruple check everything. For example, there are multiple versions of the Affidavit of Support form; one that in conjunction with a CR-1 and the other which is used for the K-1 interview. As such, be careful of googling for a form by name so that you do not accidentally send the wrong version.
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6 minutes ago, WeekendPizzaiolo said:
The bottom line is consular officers hate to see an empty passport book.
Or an empty countries visited list on the DS-160.
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19 hours ago, EnragedNeko said:
I have visited a friend in Brazil a couple times and now we want to plan a trip in America where I’m located. He filled out all the paperwork, had all the documentation (employment letter, bank records, deed to property they own) but the immigration official only asked if he spoke English which he does, asked why they wanted to visit (tourism and Disney) and then he was denied for not proving strong enough ties to his home country.
The official never even asked to see any of the documents he brought to show he has ties to Brazil, was just those basic questions and then was denied. We are just kind of confused why they denied without looking at any documentation, just seemed like a waste of money without revenue being considered for the visa.
Hi, A few entry and exit stamps showing short trips in his passport can help with the B1/B2 process. My significant other and I had travelled together in EU as Brazil has a Schengen visa waiver agreement with EU. EU passport control scrutinized him more than me, but admitted us both at the same desk. We also had travelled throughout South America before he had applied for the B1/B2. I know this sounds laborious, but if you have the means, traveling a bit elsewhere together is something to consider.
The first time he entered the US on his B1/B2, he was scrutinized pretty heavily, but he had hotel and sightseeing bookings to show them. He stayed exactly the number of days stated to the officer. Each subsequent trip, entries became easier and easier because his previous trips to the US were only a few weeks and he stayed exactly the time stated.
The bottom line is consular officers hate to see an empty passport book.
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On 2/27/2022 at 8:30 PM, bobo said:
If applying online, right before starting I-130 application it is stated:
Documents you may need
The following is a list of documents everyone filing this form must provide:
- 2x2 passport photograph
- Birth certificate (with English translation, if needed)
- Proof of citizenship or lawful resident status
- Proof of family relationship
We will automatically inform you which documents and additional evidence you may need to provide as you fill out your application. These recommendations for additional information will be based on the information you provide in the application, such as your personal history, family, and circumstances.
I assume it is beneficiary's photo that is required.
On the other hand, I-130 pdf paper form instructions does not list photograph as required.
For those who applied online, did you scan and included 2x2 passport photograph?
Thank you.
Passport photos should be at least 300 dpi but no more than 600 dpi. Thus, at least 600 pixels by 600 pixels but no more than 1200 pixels by 1200 pixels.
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1 hour ago, HaydenCorneau said:
Hey there, so me and her are getting married in Canada. I'm so excited. This is the first step. I was thinking of flying her out here to visit anyway, so no worries. I really gave what you said some thought and found a way to get her here with minimal hassle. (Thank God for the lifting covid restrictions).
I will be flying to st Louis in September and bringing her back early October. I have money set aside to pay for her flights back as well.
Congratulations Hayden! I'm very excited for y'all. Best wishes to you both in reuniting and your marriage.
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29 minutes ago, Mari181 said:
You are right, thank you!
FWIW, I hired a lawyer for my K-1 and they were slow to respond to USCIS and consulate messages, and we had an e-mail back-and-forth to remove transcription errors in the forms they were going to send. My lawyer is hard to reach because he is often either in court or at a USCIS office. Though many members on this site are diehard DIY types, I am probably going to do SimpleCitizen for my AOS, https://simplecitizen.com/ just because it is a pain to populate a lot of the same information across lots of PDF forms and I don't like to miss anything. They are TurboTax for immigration. You fill out a bunch of web forms and then an attorney reviews your data. When you are ready, the software generates one big PDF for you to print and sign without the human transcription errors.
When I looked into it, SimpleCitizen appears to be backed by the same investors investors as DropBox and Airbnb (YC) and they were recently acquired by Fragomen, which is the company that a lot of the Fortune 50 uses for employment immigration. Full disclosure: I have no affiliation with the company or their investors at all. I am just very pro-automation when it works because I have a busy schedule.
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18 hours ago, brothasmith said:
if you go to K1 stats and it says Avg. Days between Consulate
Receiving Information from NVC
and Actual InterviewHi,
I realize it could be confusing. It was for me at first, but after a while you learn the bureaucracy. Indeed, weeks from start-to-finish is sadly too good to be true. The Consulate Receiving Information from NVC is a very late stage step in the process. Notice in the screenshot below, there are quite a few other steps before this that cumulatively add almost a year to the process:
- step 1: file I-129F and wait for first notice that filing was received (NOA1) - 14 day average
- step 2: wait for USCIS approval of I-129F and received second notice (NOA2) - 232 day average
- step 3: file sent by USCIS received and scanned by US State Department at National Visa Center (NVC Received) - 1-4 weeks (not shown above.. mine took 2 months!)
- step 4: NVC sends file to consulate (NVC Left) - 125 days
- step 5: consulate receives approved I-129F (Consular Receives) - ~1 week (consulate received, not show above)
- step 6: time between consulate receiving I-129F and interview (Packet 3, Packet 4, DS-160, Payment, and Interview) - 17 days
- step 7: visa issued if everything goes alright - 1-8 weeks (maybe even longer)
I would venture to guess that steps 4 and 6 have the most variability from consular post to post. Consulates tell the NVC when they are ready to process another batch. This is based on their workload and local circumstances. Some get more applications. Some get less. Some have more COVID restrictions. Some have less COVID restrictions. Some countries are considered high fraud based on historical statistics so they impose higher scrutiny that adds delay. Others are considered low fraud. Some countries adapted to COVID quickly. Other countries imposed a hard lockdown and strict requirements for reopening. All of these factors contribute to variation in processing times.
My consulate, Montreal, which is known for being most of the most efficient due before COVID was extremely slow due to local restrictions. I was stuck in step 4 for over twice the average listed above. I take an optimistic view. The K-1 stats averages are probably biased towards the pre-vaccine, long lockdown reality when many countries did not yet adequately adapt. As such, the average wait times might not reflect actual processing times if one applied today.
HTH
- ezk and brothasmith
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3 hours ago, michaelbenny2020 said:
Hello,
I am hoping someone can help me out. I am trying to figure out if I need to apply for an extension on my K1 Visa or if I need to seek a lawyer at this point.
I received an approved I-129F petition on 10/29/2021. My fiancé submitted his DS-160 on 11/11/2021 and then had his interview on 02/07/2022. After the interview, the Montreal Embassy temporarily refused the visa for "Administrative Processing" and requested a questionnaire be filled out. We promptly returned the questionnaire on the same date. Upon further research, it appears that this questionnaire was part of DS-5535, it's been 3 weeks and the Embassy is not replying to our emails. I have read online that these can take anywhere from 'several weeks' to over 8 months. The only information I've seen is on the CEAC site indicating a "Refused" as of 02/16/2022 and stating that "Please follow any instructions provided by the consular officer. If you were informed by the consular officer that your case was refused for administrative processing, your case will remain refused while undergoing such processing. You will receive another adjudication once such processing is complete"
I am livid that the officer at the Embassy targeted my fiancé, considering Canada is not a high risk country and given I have provided every form and document to them with more than sufficient information. I can't help but to feel this was due to some form of discrimination given my fiancé's ethnicity and orientation. Is it recommended I bring a lawyer in?
I appreciate any insight anyone has on this and how to proceed.
Thank you,
Michael
I am sorry to hear your visa is delayed in AP. From your timeline, it looks like you applied roughly 4.5 months after we did, but your case was scheduled for an interview around the same time as ours interview. Why did your case advance so quickly relative to ours pre-NVC? Could it be due to the uncertain nature of bureaucracy?
Bureaucratic delays can be very infuriating when it's not in your favor. The uncertain timescales in which the government operates, the vague or conflicting information, the lack of transparency, and the lack of control can give us ill feelings. It is natural to start wondering if something sinister is afoot when we are waiting without any updates or information.
A month after our case left the NVC in October, the consulate requested some Brazilian and Canadian documents by e-mail. Others received their Packet 3 a few days after their cases had left the NVC. Bureaucracy can often involve long approval chains where multiple people at the consulate and in the US signing off on a case before it can advance to the next stage.
We were approved in Montreal. Our interview lasted roughly two minutes. We are also LGBT and my fiancé is Brazilian. The officer was polite and friendly when discussing our relationship and not uncomfortable about it. The consulate took almost two weeks to ship his passport back and without responding to our e-mails about whether our status progressed. The unpredictable delay and lack of e-mail response was frustrating because we could not plan at all, but it now feels moot with the visa is in hand.
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On 2/22/2022 at 6:56 AM, Candice & Pierre said:
Hello! I'm getting ready for my interview in Montreal next week and have noticed that the consulate email checklist requires both beneficiary AND petitioner's birth certificates.
This is different to the packet 3 instructions I received.
Would a copy of my fiance's birth certificate suffice? Curious to know what other montrealers have done?
Thank you!
I am a USC petitioner and our interview in Montreal was February 1. We received the same e-mail. The person staffing the document window did not ask for my birth certificate because it was already bundled in our file from the I-129F. However, the beneficiary must have both an original birth certificate and a copy. The original will be compared to the copy, the original is returned, and the copy is kept.
Just in case, I would bring a photocopy of both forms of proof of citizenship:
- the petitioner's birth certificate
- the petitioner's passport biographic page
"Copy of petitioner's status" seems to imply that they do not expect originals. I was particularly paranoid and supplied my fiancé with an original - not even the copy was needed in the end.
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On 1/11/2022 at 7:22 AM, Navis Chra said:
My fiance is a York region resident, currently with me in NYC expecting our first child
We finally received our "ready" from NVC to embassy and waiting for our packet 3 instructions. I found the online version just to get a head start and we are trying to obtain the police certficate. My fiance has a record from 10 years ago related to possession of weed and it's legal in Canada now so we've received a U.S. waiver to allow him to cross the border.
Is there a link that we can go order the police certificate or does he need to go in person? I see that fingerprinting is required, is it possible for him to get that done here? He has went through the biometrics part with RCMP for court records and the waiver.
Any sort of guidance anyone with a beneficiary in Canada can provide would be helpful. So anxious that we're so close but don't want anything more to be a drag. It's a just a money grab situation wherever we turn.
We went to the police station and they ordered the wrong certificate even though we explicitly mentioned the Privacy Act. However, we had success at Comissionaires. If you go to the Toronto Area Commissionaires website (https://www.commissionaires-cgl.ca/identification-services/) and click Book Now (or visit the scheduling link here https://ids.as.me/schedule.php ) :
You will see a "Digital Fingerprinting - Privacy Act" option. Commissionaire's systems will order the correct certificate.
Then, you can choose a location in Toronto.
After fingerprinting, the police certificate arrived in 10 days by post. I hope this helps.
Is it ok to send checklist from packet 3 while waiting for documents?
in K-1 Fiance(e) Visa Process & Procedures
Posted
Do so at your own risk. The checklist clearly states "By doing this, you acknowledge that you have gathered the required documents for each applicant, and that you will bring the originals and photocopies for your interview." Make sure your police certificate is requested under the Privacy Act.
You don't get to pick your date. If you reschedule, you may have to wait a while.h The Packet 4 email says "Your appointment has been scheduled as noted at the end of this letter. If you cannot
keep this date please notify this office immediately by email at: Montreal-IV-
DV@state.gov ... Please note that there are long wait times for rescheduling appointments."