MyUKLove

We recently filed the I-751 and have received an NOA which states he gets a year extension. He also has to fill out Biometrics again. Two questions:

1. Why only 1 year?

2. Did we really have to pay for and do biometrics again? (it was done 2 years ago)

Thanks for any help.

Aleisha Gore

We received our letter the day before yesterday. The biometrics appt is set for Sept 1. I was told we have to call to confirm it. Is that the case? There's nothing on the letter that states so.

Can we walk-in if we don't have any conflicts? The only reason why I think I'd like to get it done earlier is so we can get the show on the road...I mean does it make everything else happen sooner?

The visa is for the sole purpose of entering the country. To that end, it's null and void as soon as you walk away from immigration control at the airport. From that point until receipt of the NOA1 for the AOS, it's the I-94 and only the I-94 that shows is the immigrant's entitlement to be in the country (form I-9 is an employment eligibility verification form, FWIW).

No harm will come from being in the country a couple of weeks after the I-94 expires before filing AOS. ICE aren't gonna come jumping in through your front windows at dawn because he's out of status - they've got bigger things to worry about and providing the marriage took place within the 90 day validity of the I-94 and you don't wait too long, USCIS won't care either.

Lots of us spent a few weeks 'out of status' between I-94 expiry and filing for AOS and we're all still here. It's better to take your time and file the AOS package a day or two later but with a clear understanding of everything that's required than it is to rush it and have the whole thing returned to you because something's missing, or to get an RFE later on.

Incidentally, why did you need to do the whole medical again? The K-1 doesn't get given a copy of the full medical report*, all you should have needed to submit was the vaccination portion of the medical, which can be done very cheaply.

*Before someone pulls me up on the technicality, the K-1 does get given the report, however it's inside the 'Do not open' envelope that's given up on entry (at which point, it's sent to USCIS to meet up with your AOS application, hence why you shouldn't have to file a new one).

[edit for grammar ]

Thanks. I thought the same thing but the medical office scared us into thinking we needed to do more than we needed to do and also my sister in law is from Canada and her take on it, was just do it so that they don't have any reason to deny you.

And by the way, I screwed up anyway...didn't doublecheck who to write the check to and sent the package express this morning with the check written to USCIS instead of US Dept of Homeland Security. I called them and they said it's ok, they'd process the package and send back the check with a receipt number to attach the new check written to the US Department of Homeland Security. Ugh, though, still I feel like a fool because that's the only thing I didn't check on. But, what you say about still being here makes me feel better, because now that I have my husband here I don't want him to leave. At least he got here and so now I guess we just wait to be called in to interview.

Thanks again.

Aleisha

We're doing the AOS, including the work request, the travel request, basically along with the I-485, the I-765, I-864, and I-131 and of course submitting the new medical he got here. Ugh that made us mad that he had to do it again. But they didn't give him copies in the UK. So, my questions are:

1. Do we have to submit more than 2 photos since we're doing the I-131 and the ask for two on the I-485?

2. Do we have to submit duplicates of the visa/I-9/passport for the same reason?

3. We're sending it priority mail as his I-9 expires the end of the week...we were late on the draw and we married but thought we had time to submit this...are we ok with the post stamp as proof that it was sent before the I-9 expired?

Thank you for your immediate help/response.

Aleisha

Each form has it's own unique requirements - so follow each forms instructions.

They go to different places once USCIS gets them

The postage stamp doesn't stop anything - only the NOA from the AOS stops the clock. So don't delay, file today

Thank you. I'm going to send priority mail...got the extra passport pix, etc...so sending tomorrow morning then going to call the USCIS office to let them know it's on its way. Hopefully it won't hurt us that the I-9 expires on the 16th. His visa doesn't expire till September.

We're doing the AOS, including the work request, the travel request, basically along with the I-485, the I-765, I-864, and I-131 and of course submitting the new medical he got here. Ugh that made us mad that he had to do it again. But they didn't give him copies in the UK. So, my questions are:

1. Do we have to submit more than 2 photos since we're doing the I-131 and the ask for two on the I-485?

2. Do we have to submit duplicates of the visa/I-9/passport for the same reason?

3. We're sending it priority mail as his I-9 expires the end of the week...we were late on the draw and we married but thought we had time to submit this...are we ok with the post stamp as proof that it was sent before the I-9 expired?

Thank you for your immediate help/response.

Aleisha

What if I can get an unpaid internship for him at my place of work so that he can learn that type of position and be ready for the job market? Is that at all possible? Or legal?

It is customary to take spouse's family name and YES you can apply for AOS using married name.

Simply file I-485, I-765, and I-131 using married name, and note maiden name on the "Other names used" line of the various forms, and on the "Name on I-94" line on form I-485.

This is a VERY FREQUENT QUESTION.

When traveling simply carry a copy of marriage cert to show how name change from that in passport to that on the green-card or AP doc.

Ha ha, but no, he's my fiance and a man. He wants to change his name to my former last name. Has anyone done that?

Omg! We're so excited! Thank you all for the great help you gave us during this time...I know it will come in handy again in the coming months as we do the adjustment of status, etc...

This site and you all have been life-savers and blessings to us!! =)

We love you!

Aleisha :dance: :dance: :dance:

Here's his post: (from effects69)

Everything went pretty smooth apart from at the end the guy interviewing me said I am missing my fiance's tax returns. He said not to worry as I won't need to go back to the embassy. He gave me some paper with the relevent actions I need to take ticked. One was please provide the tax return form and the other was please enclose your passport. The guy at the interview was acting like I would be issued my visa. But I'm now in mixed mind. I'm unsure if I will now or if they will deny me. The tax return forms they wan't are for 2007. But in 2007 my fiance's income didn't meet the requirements. So now I'm really worried they will fail me sad.gif If I had them with me yesterday I know 100% the guy would have just given me the visa there and then. But now it says it will be reviewed once again by someone. Do you think I should also hand in her 2006 returns as she met the requirements that year. Should I add the most recent pay stubs from her new job (they don't have any from that job.)

We went through a similar situation when I had my interview on the 2nd October 2008. We were asked for more tax information so we got it altogether and returned it together with my passport using the courier service (It took around 5-days for me to receive the additional information from the USA). Any way as soon as they had received the additional information they returned my passport with the visa, I then flew out to the U.S on the 22nd of October. Dont worry about it, if they are asking for your passport they are obviously happy about everything else. Just supply the requested documents, hope this encourages.

THANKS!!!!

Here's his post: (from effects69)

Everything went pretty smooth apart from at the end the guy interviewing me said I am missing my fiance's tax returns. He said not to worry as I won't need to go back to the embassy. He gave me some paper with the relevent actions I need to take ticked. One was please provide the tax return form and the other was please enclose your passport. The guy at the interview was acting like I would be issued my visa. But I'm now in mixed mind. I'm unsure if I will now or if they will deny me. The tax return forms they wan't are for 2007. But in 2007 my fiance's income didn't meet the requirements. So now I'm really worried they will fail me sad.gif If I had them with me yesterday I know 100% the guy would have just given me the visa there and then. But now it says it will be reviewed once again by someone. Do you think I should also hand in her 2006 returns as she met the requirements that year. Should I add the most recent pay stubs from her new job (they don't have any from that job.)

ok here is my contents of my folder for my interview i am putting together, please feel free to tell me if something is missing or should be there.

1/ interview letter from embassy and "packet 4" and current passport.

2/ oldpassport (with the stamps in), passport photos, my birthcertificate, police certificates, photocopy of Vitos birthcertificate that was submitted with pertition, and a new recent letter of intent signed by Vito. (should i sign one or do they get me to sign something else?)

3/one copy of every form i sent in for packet three as it was sent (with no hyphen, like in passport) and one copy of almost every form i sent back for packet three with hyphen incase they pick holes about me sometimes using it (so people sometimes realise its all my surname)

4/affidavit of support form (notarized) plus three years of of w2s and a letter from his work on company letterhead signed about length of employment and good standing.

5/ document worksheet thing i got from medical/plus the letters of my doctors about vaccination records(dunno why i want to keep them together but hey)

6/ timeline of our relationship (not signed by either of us), photocopies of Vitos picture page of passport and relevent stamps (where we met and visits) photocopies of my picture page passport plus stamps.

7/ photocopy of a receipt his dad got from my hotel (logo on top) for their stay refering to Vito as son, this is when we/how we met. i dont have the original. couple of anotated rubbish photo stills from a night his dad captured us on camera in the bar, on that trip.

8/e tickets and plane tickjet reciepts, train tickets of the route Vito works and some cash receipts from places we went to from my september trip. some more photos on plain paper anotated from sept trip.

9/eticket and online boarding pass print out for his plane ride jan trip, more photos of that trip.

10/ eticket from my april trip plane ticket stubs train ticket stubs some more cash receipts, and tickets not with my name on it for his concert i went to, a letter on hotel letter head from my boss stating that i was due back in two weeks no later for work, incase the immgration guys asked. and more photos of that trip.

11/his boarding pass printouts for sept triponline receipt print out when he paid for hotel in new forest when he came,receipt from beaulieu in new forestgot both our sigs on it. more photos.

12/loads of screen shots of skype call history (over view) only going back till the july 08 (program wiped the rest) screen shots of yahoo messenger going bk to arch 08 same prob.

13/ screen shots of my inboxes of two email accounts with vitos emails to me, some are the first chats we have so dated right after he flew bk first time round.

14/screen shot of inbox of emails from his familly to me. and some cards (xmas, this one, from me to them)

15/ some examples of post, boxes with his return address, cards form him to me work sheets from parcels he sent, may also find some receipts from post i sent him.

16/ unsigned contract for our wedding venue but has his name on it. and various emails between us and vendor he forwarded me about the wedding.

17/ some engagement cards we got

18/ copy of petiton, with bits nicked from it for my evidences.

wow this is a lot more than it looks. i feel bad taking up some much space in this thread.

forgot to add i am still to photocopy things will get that done in the next couple of days.

MY fiance had his interview...there was a problem. His ? is posted in the thread before this one.

Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

That and there is no "instant green card". An immigrant visa process, CR1 or IR1 results in LPR status immediately upon US entry but is a months long process. Even those who while visiting, simply change their plans, marry and adjust status face a months long adjustment of status process (also requiring a qualified sponsor) before the green card is in hand.

Thank you all for your comments. This really helps. I think, at this point, we must stay the course and pray we get an extension to give me time to fulfill that one last requirement.

Extending the validity of the petition is a routine thing. No worries. Get a co-sponsor.

Thanks. That's reassuring. But, to be honest, I have no one to co-sponsor. We're on our own in that regard. Thanks again though.

Aleisha

Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

If you will fail the K-1 visa due to a lack of income... all other visas or paths to a greencard will fail as well, because they all have the same or similar income requirement

That and there is no "instant green card". An immigrant visa process, CR1 or IR1 results in LPR status immediately upon US entry but is a months long process. Even those who while visiting, simply change their plans, marry and adjust status face a months long adjustment of status process (also requiring a qualified sponsor) before the green card is in hand.

Thank you all for your comments. This really helps. I think, at this point, we must stay the course and pray we get an extension to give me time to fulfill that one last requirement.

(Also posted on k1 boards)Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

Has anyone here abandoned the K1 process for the K3? Or has anyone switched over or gotten married during the K1 and tried something else?

My fiance and I keep running into people here and in the UK (he's back in the UK now) that just got married and they got a green card and could start working immediately. I don't get it. I thought doing the K1 and the K3 is what gets you a green card. I thought the idea of marrying and just staying here in the USA didn't exist anymore...but we've run into UK citizens who have done it that way, marry and then instantly get a green card. I don't understand or know what to do now. Because it seems like we may fail the interview, since I still only have part time work and no co-sponsor. My fiance is getting worried that we won't be able to visit each other in our countries now for a year and he is wondering whether we can either just get married and switch to the K3 or get married and instantly have a green card.

So, does anyone have stories for us to either help us stay the course or give us better direction.

At this point we've done everything except have the interview, because I still don't have a full time job to meet the minimum income requirements. Can there be anything done? We've requested an extension as the NOA2 expires on 2/2/09. But, we've heard nothing back from them to indicate that it will be extended. We sent an email and a fax and we called them. When we called them they didn't seem to positive about us requesting an extension this late in the game and told us we had to have an attorney send in a notarized statement from us guaranteeing that we'd marry within 3 months of him living here. That's all the data. Does anyone have a story we need to hear?

Thanks so much for your help.

Aleisha

UK Love

Your expiration of NOA2 isn't until Feb. 6 Right?

You don't have to interview by then. You don't have to extend anything by then.

Just mail back the DS 156 (two copies), DS 156K, DS 157 (if male), and the DS 230 part 1 before the expiration. That shows you are still working on the visa. It's been 2 months that you've had P3 , so I would suggest sending those in now. They set up your file. That's it. Then they wait on you to gather documents and return the checklist. So don't send in the checklist for another month or 6 weeks. Then it takes them at least 3 weeks to get around to setting your interview. If you ask for a later interview, they will probably do it. Even if you don't, the interview could be weeks after you receive the appointment letter. There's somebody on this UK thread that didn't do anything with a NOA in the summer I believe and they are still okay. When you finally interview, take an updated letter of intent from each of you just because you are well past expiration of the NOA2. As long as the Embassy receives something from you, they won't think you have abandoned the petition.

Sometime people break up before the NOA2 and don't ever reply to a P3. So the petition just dies after a period of time, technically 4 months.

Wow, thank you. We sent in those forms before Christmas, but we haven't heard back. So, we assumed the expiration was still in Feb (2nd by the way). So, we've been pretty worried. I will still call them tonight (London embassy) just to let them know what we've done and if there's any cause to worry.

Thanks again,

Aleisha

You need to file for an extension with the Embassy because your I-797 (noa2) has a validity of only 4 months.

An Embassy will often extend it automatically if the delay is their doing but in this case they are requesting you simply send a letter stating that you are requesting one. I'm not sure that 'until I can afford to bring him here' is a valid argument tho.

Is it possible that he can be interviewed within the time frame and the visa put on hold until you can provide what they are asking?

I'm really not sure. I have faxed and emailed them and heard nothing. We're thinking of sending in the checklist now and asking them to interview him after the end of the month after the no2a expires...not sure now if we should ask that because I have 2 communications out to them about me not having met the min. income. So, it sounds a bit sketchy if I'm sending in the checklist now with a request to extend.

Thanks Magpie. Do you know if they will then purposely schedule the interview within the expiration date? Because then that would have them interviewing on or before 2-5-09. If we asked them to interview later specifically because I'm awaiting a full time job, would they accommodate us and extend the expiration and the interview? It seems like it's hard to get info back from them (London) in a timely manner, if at all. I sent a fax on Thursday of last week and didn't hear back. My fiance called them and they said email us so we did. No word back as to whether they will do anything about our situation. I guess an attorney is all I can turn to right now.

You're in a similar boat to me and Knight -- on Nich-Nick's advice, I sent my documents steadily and finally enclosed a letter requesting an interview in February or March because I want to finish my degree and have time to plan my move. So long as you send all your documents before the expiration date, and if you mark the date upon which you sent the documents, then they're not gonna come down on you for not sending them before the deadline. They're pretty slow at the moment (I'm guessing because of the Christmas rush), so you're not alone in the waiting game. I've checked with them and they have all my documentation and it's processing, so I'd suggest that you send your documents in well before the expiration date but include a letter requesting a specific interview date. This seems to have worked with other people, and hopefully when I hear back from them, I might be able to say it worked out with me too =D.

Best of luck! I hope that helps -- I just wish I could advise you further on the attorney part. I don't think you'll need one (or an extension) if you manage to get an interview when you need it, so long as it's not too far into the future.

Magpie.

Thanks Magpie. Will definitely try it that way and let you know how it goes. Good luck to you as well.

All my best,

Aleisha

Thats quite a pickle you're in.

• Have you always had 'just' the part time position?
• Is this a new/temporary development?
• How will an extension help?

Ever since my divorce 4 years ago, yes, I have only been able to find part-time work- partially on purpose so I can do art full-time, but never expected to meet someone and do a visa process. But now as this thing is getting near the end, things are starting to look promising for ft work and time is not on my side. I'm hoping the extension will give me time to show I now have a full time job and can fill out the affidavit of support and he can get approved at the interview.

The approved petition, NOA2, has an expiration four months after issue so that's a consideration. While it can be extended, it's safer to not go beyond it. The DS forms can go in to kinda keep things alive so they don't think it's an abandoned case. The checklist can go in later when they are closer to ready for an interview. The Affidavit is presented at the interview, so it's not needed before sending back the DS forms of P3. They won't schedule an interview until the checklist is submitted. And when the checklist is sent back, a cover letter can be included saying you would like the interview scheduled after xx-xx-xx date. We did that...asked for an interview after July 15 because of a long planned trip and they accomodated us.

So there's my suggestion of stalling tactics to draw it out a little longer.

Just wanted to add to this -- I sent one of my forms in and I forgot to add a message or letter saying what type of visa I was sending in (I think it was the DS-156 and DS-156K). I nearly had a heart attack when I received a letter with those documents stating that my visa couldn't be processed in huge type and capital letters. Once I'd regained my composure, I went on to read the fine print that stated I had to schedule an interview, which was confusing -- I know you can't do that until you have all the documents in. So lesson learned is that you should just add a letter or something stating what type of visa it is (K1, etc.), your case number, etc.

He's on the phone with the embassy and they say I must send a "notarized proposal with my intention to marry him within 90 days of his arrival and have it sent through a solicitor." I don't know why they ask for that when all we're interested in is an extension. Plus that brings in an immigration attorney which I never wanted to involve in this matter. What's up with that?

I think they're just looking for some assurance that you're not stalling for any dodgy reasons. While you're legitimate in your intentions, they're a suspicious bunch and I know they do get the occasional applicant who wants the marriage just for the green card -- I think there was actually a recent Visajourney case whose girlfriend ran off with another guy. I don't know how difficult it is to get an immigration attorney, but does it mean you have to involve them in the whole process if you're just getting an extension? I know it's silly, but they're pretty rigid in these matters (because they're stiff meanie booboo heads).

Maybe they might offer an alternative way of offering proof?

Magpie.

Thanks Magpie. Do you know if they will then purposely schedule the interview within the expiration date? Because then that would have them interviewing on or before 2-5-09. If we asked them to interview later specifically because I'm awaiting a full time job, would they accommodate us and extend the expiration and the interview? It seems like it's hard to get info back from them (London) in a timely manner, if at all. I sent a fax on Thursday of last week and didn't hear back. My fiance called them and they said email us so we did. No word back as to whether they will do anything about our situation. I guess an attorney is all I can turn to right now.

Please help and advise me what we can do. We've got all the paperwork ready except for the I-134 (affidavit of support) and I've got only a part-time job which doesn't meet the minimum income requirements. Our visa petition is set to expire 2-5-09 and so I haven't sent my fiance the form yet and he hasn't sent in the checklist. Now the consulate in London is telling us that he has to have the interview before it expires 2-5-09 or we have to start all over again. Also, if we wanted to extend it we need to ask an attorney to send a notarized letter which states from me that I intend on marrying my fiance within 90 days of his arrival. That's a given. But what does it have to do with extending the process to allow for time for me getting a job. Are we doomed? I told my fiance, let's just send in the checklist now. I don't have anyone to co-sponsor me. So that's out of the question. My IRA has been cut into a third because of the economic disaster and so that doesn't prove I can take care of him either. What should I do?

Please help!

Aleisha

The approved petition, NOA2, has an expiration four months after issue so that's a consideration. While it can be extended, it's safer to not go beyond it. The DS forms can go in to kinda keep things alive so they don't think it's an abandoned case. The checklist can go in later when they are closer to ready for an interview. The Affidavit is presented at the interview, so it's not needed before sending back the DS forms of P3. They won't schedule an interview until the checklist is submitted. And when the checklist is sent back, a cover letter can be included saying you would like the interview scheduled after xx-xx-xx date. We did that...asked for an interview after July 15 because of a long planned trip and they accomodated us.

So there's my suggestion of stalling tactics to draw it out a little longer.

Thanks. That's pretty good advice.

He's on the phone with the embassy and they say I must send a "notarized proposal with my intention to marry him within 90 days of his arrival and have it sent through a solicitor." I don't know why they ask for that when all we're interested in is an extension. Plus that brings in an immigration attorney which I never wanted to involve in this matter. What's up with that?

I don't have a ft job yet and need to get one before I can file the rest of the paperwork before the interview. It also expires February 2nd. How do we get an extension from the London Embassy? And is it them or the USCIS that we write to?

Thank you everybody. =) All is well. No worries. Thank you for all your thoughts and prayers. Now, we can angle those prayers towards all of us doing better, our economy doing better, and those without jobs, like me, finding a great one. =)

Love to all.

Aleisha

But will that effect him being accepted here in the states if it turns out he tests positive for cancer?