karppi

My spouse (beneficiary) and I (USC) moved to the US about a year ago. We had been in the Consular process - we completed the embassy interview with evidence as well as NVC processing. Our next step is to pay the AOS and Application fees with the CEAC. Since I was unable to file the AOS, we paused the process. In the meantime he ended up getting a L-1A visa through work so we both moved to the US last year. Fast forward to today, he's been on the L1-A for a year and I finally got a job in the US so I can file the AOS on his behalf.

My question is - we were going through the Consular process before, but now that he's located in the US already does that change the next process we have to go through? I remember reading about differences in filing at the NVC stage, but since we've passed that now do we continue to follow the same process? OR do we have to notify someone that we've changed locations and therefore have to follow different steps?

Any advice is welcome!!

Hi,

I am wondering if by clicking "Yes" to the question in the DS-260 "Have you ever been refused admission to the United States at the port of entry?" would this disqualify your application or significantly harm it?

For context, it would be refusal because the person tried to enter on an ESTA after traveling to Cuba. The applicant travelled to Cuba a few months ago, which means she is not eligible for the ESTA and must complete a B2 visa to enter the US from here on out. 

The applicant previously traveled to the US on an ESTA (after visiting Cuba), it has only come to our attention recently that this is actually not allowed. Wondering if she travels again to the US on the same ESTA but this time is refused entry, how that would look on the DS-260?

Thank you all! That’s exactly what I needed to know thanks!

We got our NOA2 in March 2022, which we were delighted with but since then I got a new job abroad and would like to stay in it for a year before moving to the US. Because of this, we have yet to file at NVC.

My question is, does the NOA2 expire for an IR-1? We are a US citizen & NRA spouse living in Ireland.

Expecting the rest of the process, from NVC to GC in hand, to take about 6-9 months for us. Can we delay sending in our NVC according to that timeline (6-9 months) before moving to the US?

Hi all! We have received our NOA2 after 10 months! I was so down after hearing about our transfer to California, but it was about the wait we expected in the end thank god.

PD: 14/05/21

NOA 1: 15/05/21

transfer from NSC to CSC (found out through Emma)

NOA 2: 17/03/22

10 hours ago, Boiler said:

You would need to file an I 485 with EAD

Yes this is what I was thinking. How long does it take for the EAD to come through?

My spouse and I are living abroad while awaiting his I-130 approval. PD May 2021
 

There may be an opportunity for my spouse (beneficiary) to be transferred imminently to the US on an L-1 visa. However, the job is on the other side of the country from where we intend to settle. 
 

Therefore, we’re wondering whether it’s possible to enter the US on an L-1 and put in a request for an EAD once he arrives (on basis of the I-130 filling)? He can work in the L-1 job until he finds a new job closer to where we want to live after receiving his EAD. 

We are thinking of this as a backup option if the i-130 does not come by the time we expect. But also wondering if his working and living in the US, changes his initial I-130 application? Would we have to file something else and would it delay the I-130 even further?

14 hours ago, Rjjens2022 said:

I filed May 14, still waiting on NOA 2. I received a letter saying it's being processed in Potomac, but I talked agent they said California. I'm confused.

We are similar, filed May 2022 but still awaiting NOA2. Ours was Nebraska but when I talked to the agent they said California. They seem to disperse the workload after its initially filed, very common. Unfortunately when I asked the agent they said I should be going by the California processing times, but from VJ it seems normally 7-12 months no matter what centre. 

Hi,

My spouse and I are going to ask my friend to our joint sponsor. Does anyone know if they are contacted during the process at all? Or do they just submit the paperwork and that is their part in the process over? (Notwithstanding any RFE for joint sponsor if applicable)

thanks 

Hi,

How long does does it normally take for NVC processing? I’ve read before that it would take maybe 3 months (after submission of AOS) for the approval to go through, but then on the VJ timeline estimates it says 308 days for NVC processing. Is it longer on VJ because people don’t necessarily submit their AOS and other documents straight away?

PD May 2021, hoping for NOA2 early 2022. 

I have requested by mail so many times and only one set showed up. So glad they changed it with ID.me now! It's good to have access to that information via an account going forward. 

37 minutes ago, Kor2USA said:

Oh~ that's not helpful as we don't have a US number (that was the issue when we tried to make an online account last time)... 

To be honest, you only need a US to verify your account and then you can go in and download the transcripts. I know when I have been abroad before with no US number, I've put in my mother's number to verify a different online account and she sent me the code. So if you can use another US number for the time being to just create the account you don't need it again. 

1 minute ago, Kor2USA said:

Is ID authenticator app on the IRS website? We managed to get our transcripts via mail but being able to create an online account when you live abroad would be extremely handy. 

Yes, I just noticed. I think it's new. So much handier, I've been stressing for months on how to them!

https://www.irs.gov/individuals/get-transcript

Click on Get Online Transcript, and then choose the ID.me option. You'll need a US phone number to authenticate though FYI.

Update: I have since noticed they now have an ID authenticator app to make an online account. I got my transcripts!

Hello,

My partner and I have filed an i-130 in May 2021. In advance of NOA2 we are looking at the documents we will need for the NVC stage. 

I am trying to gather my tax transcripts from the past three years and the IRS portal won't allow me to make an online account and therefore I cannot pull my transcripts. I have since requested by mail at least 6 times and I've only received one set in the mail. 

Has anyone else had trouble creating an online IRS account because they work abroad? Is there a way to get your transcripts through the mail that will actually work? I'm worried this will delay us sending in our AOS when the time comes. 

On 10/4/2021 at 3:56 PM, Gail and Derrick said:

This question comes up multiple times in the monthly threads with lots of speculative responses so I thought I'd share out some info from someone on reddit who responded to a question asked about how USCIS handles cases. The redditor states that they are in no way admitting or implying they work for USCIS (but obviously do). 

I've complied the relevant questions and responses. Of particular interest are the responses to questions 4–6. 

 

Important things to note:

• This info is NOT coming from me. I just found it on reddit (from about 2 months ago) and edited it for ease of reading.
• The Q&A is NOT specific to K-1s, but I think is probably applicable.
• I am sharing this only because a lot of people ask this. The responses are not mine. Do not shoot the messenger (me). 
• If there's a better place for this to live, I'm sure a mod will move it. Or delete it. 
• If you use reddit, you have enough info to go find the post. 

 

How is a case actually processed at USCIS?

In the life of a case once the physical application/paperwork/folder arrives at USCIS, what happens?

 

1.    Where does a folder wait?
The paperwork/application/whatever gets received by contractors at what's called a "lockbox". Files wait in different places, depending on the type and where it's filed. 

 

2.    Is it scanned or is paper from beginning to end?
Depending on the form, it may be made electronic or stay as paper. For 765s, 131s, 130s, the smaller forms, they're made electronic. The bigger files/forms stay paper.

 

3.    Is it randomly assigned to any USCIS official?
USCIS service centers are broken into teams that work specific forms. So within the team that works on K-1s, an applicant’s K-1 will be randomly assigned to an officer.

 

4.    Do officials have a number of cases simultaneously or they have just one?
Officers are assigned numerous cases at once. How many depends on the form type. Relatively easy forms like 765s an officer may get 30 a day and expect to complete those. More in-depth forms would be a couple a day. Officers who need to come in once a week or so to pick up a bunch of cases, then work from home (pandemic times).

 

5.    If more than one, are they all sitting stacked on the table and the official picks whichever he/she wants?
Pretty much, yeah. Officers pick which ones they do first and which one last. Unless there's a reason for the case to be worked first, which usually there isn't.

 

6.    Do officials need to decide on a case the second they get the folder or can they table a case? If they can table cases, would such cases wait their turn for any other official or is it always the same individual who process a given case end-to-end?
Yes, officers have discretion to decide to table a case if they want. They can hold off pretty much till the case is outside it's time frame and they get an email about it. Like every place, not all officers are the best, so some will "punt" a hard case so they don't have to do it.

 

Also, important to note that USCIS gets slammed with lawsuits all the time. So an officer may have a bunch of 131s, but be told to work nothing but 765(c)(8)s for a month. The 131s will just sit there while everyone concentrates on the c8s.

7.    If it's always physical docs, what is the software used for? I mean, what functionality does it provide other than change the status of a given case?
USCIS approves/denies/whatever using systems that are tied together. The systems all update at the end of the day. So say a 765 was approved around noon, the system will update midnight the next day.

 

8.    How are expedite requests handled?
Basically an applicant submits the request, somebody will look at it and decide yay or nay. If it's nay, that's it. If it's yay, the case is updated saying expedited request approved.
You'd think that would mean it would get done quickly. Weirdly enough, it might not mean anything. Maybe an email would go out to the officer, maybe not. It doesn't really speed up the time frame when the case needs to be worked by. 
 

That's great information to know thanks! Do you remember the name of the thread on reddit? I'd like to follow it

Has any May 2021 filer has their NOA2 approved that is located in California Service Center? (We are initially Nebraska on NOA1, but have since heard through Emma we are in CA)

I know the I-129f is a dead end but we are looking to apply anyways. 
 

I was reading about it and the purpose of the form is to unite the couple in lieu of the I-130 approval. However, we are living together abroad. Can we still send in a I-129f?

On 9/22/2021 at 8:46 PM, Waitingfor10 said:

Case tracker and Visa Tracker

Thanks! I’ll download them all, why not

7 minutes ago, Waitingfor10 said:

I did. I got my notification two days before the one USCIS sent theirs. I use three apps and Lawfully was the quickest of the three.  I’m speaking from my experience only. 

That’s interesting, what other apps are you using?

Hello, 

My partner and I live abroad and sent in the I-130 online May 14, 2021. NOA1 received May 15, 2021 from Nebraska. Actively reviewing since June 10, 2021. However asking Emma multiple times she’s informed me our case has been transferred to California. 
 

From what I’ve read on other forums, it seems the processing times on USCIS are not accurate at all and you expect a NOA2 in 10 months max no matter the centre. Fingers crossed!

Is it a bad app? I’m innocent here, my questions are genuine 🙈

Oh great to know thank you, I’ll join!

putting together a thread for all those who filed I-130 in May 2021, to keep each other updated.

PD: 14/05/2021

NOA1: 15/05/2021

Service Centre: Nebraska, but have since been told on Emma that it is in California. They would not confirm the date is was transferred.

USC filing from abroad on behalf of my spouse.

I've recently downloaded the Lawfully app after hearing about it on this site. My main use for it is its ability to send you a notification when your case status has changed, instead of having to check myself everyday on the USCIS website which is demoralising!

Has anyone actually found out their case has been approved via a Lawfully notification? Or has anyone received a notification from Lawfully for their case being actively reviewed again (I've heard this often indicates that you'll be approved soon)?