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2 hours ago, Ontarkie said:

There's no K2 process for her. The kids are USC. 

See that's why I didn't even try to answer lol

Thank you

Things to do:

Vaccinations are going to be reviewed and administered by the panel physician after your case heads to the embassy.  It's not something you need to get a jump on, the PP will review them at the appointment and fill out your DS-3025 which becomes your immunization record in the US for life.  Might as well let him handle it.

Not sure about the K2 process with your children, I'll let others address that.

You probably have at least nine months (or longer) before the move.  Our petition was submitted last August and my fiance will be here in two weeks.  Granted there was a massive speedup on turnaround time at the end of 2023, they seem to be doing a lot of backlog cleanup at USCIS right now which may affect the speed by which cases are approved and forwarded to NVC.  Even still, the time at NVC is a complete tossup as well, with cases taking everywhere from a few weeks to years to move to the embassy.  Ours was projected to sit at NVC 3-4 weeks; it did not move for nearly five months.

Patience, above else, is key.  I know what it's like to be excited about the next stages, but take a deep breath and try not to rush into the future, when there's a lot to be done in the here and now.  Make sure all documentation is ready for the interview, as some items, like police clearances and birth certificates, can take months to gather at times.  Ensure all evidence is organized and ready for your visit to the embassy.  Foster your relationship with your future spouse, keep it healthy, because the stress and anxiety will build and lessen at times, it has an ebb and flow.   K1s are a true test of resolve to be committed.  Always keep the love for your partner a priority. 

59 minutes ago, antalia said:

We did that, right before marriage. He said he'll leave if I don't get my together (get a better paying job, study more, smile more), and I cried and I begged and I promised I'll do better. And I do try to do my best with whatever resources I got, it's just not much. I also wasn't living in the States for the most part, I kept domicile and a remote job, but I was mostly living abroad, so I don't know much on how lots of stuff works here myself, unfortunately. He's fluent in English, so I guess I quietly expected him to help me with figuring out the things he quietly expected me to already know.

Although I do empathize about the stressors you're clearly experiencing, I don't know what you expect the goals here to be.  Do you want him to change his attitude somehow?  Did you two discuss what your home life is to look like, review a realistic timeline on how to get there?  I feel like in only getting your side of the story, we're missing a lot of details.                   

By your account it sounds like he expects you to carry the two of you indefinitely and that he will set the parameters of your quality of life, when you are the one financially responsible.  Whether you are the sole earner or part of the equation post-EAD, you two must be aligned on how to meet goals together.  I'm honestly shocked that these ultimatums were presumably given prior to marriage, and you still went ahead with it.

Like everyone else is saying, you need to be decisive and work on a plan with him that is actually within your means now, and with a dual income in due time.  If he's not willing to work on those projections with you, then I'm sorry, you're going to have to bounce him.    

Truly astounded that in knowing someone a decade, these discussions haven't been had.

5 hours ago, Cw1977 said:

(Incidentally my employer was able to transfer me onto their US business once I had my visa, so I carried on that way. Would that be an option for you too?)

Presumably he/she could resume remote employment with them once the EAD is acquired, the only question being how this would look at the AOS interview.  I assume one would have to be very clear about the conditions by which you pause and then resume a position with the same employer after getting a work permit to do so.

21 hours ago, powerpuff said:

Yes, it can definitely be expedited but USCIS’ understanding of an expedite in general does not seem to involve it being fast. I think the wait alone during such circumstances is stressful enough I would probably apply for AP from the start. 

Do we have any idea what the timeline is to expedite AP these days?  I thought I had read that it can be issued at an appointment time, scheduled shortly after the expedite request.  Thank you for the info.  

On 8/28/2024 at 12:52 PM, mam521 said:

I must say, I genuinely appreciate this response!  It's a chuckle, but it's truthful and honest!  

It's not quite accurate (hyperbole aside of course, but let's not worry too much about the aliens).

Perhaps it's true of best friends since that's not a relative, but there is an expedite process in the event that a loved one passes or is close to it.  I too am foregoing the AP and it's a bit worrisome, considering my future father in law isn't getting any younger.  However, he's still in good health and that $600 can make all the difference on getting a good jumpstart on our life together with just a bit less financial stress.

Rest assured, with the proper documentation an AP can be expedited, mostly for immediate relatives who have passed or are medically validated to be in end of life.  

22 hours ago, FilipB said:

I'm sorry if this has been asked before but it is really stressing me out. We just got our NOA2 approved. I read that I need to bring a police certificate to the visa interview. About 4 months ago I had my license taken for 3 months, and had to pay a fee, because I had caused a very minor accident, I was unaware of even causing, and driving away (which is the biggest offense, but the damage was a tiny scratch). I'm just mentioning that for context. How will this affect my interview?

Don't try to minimize or deflect from the severity of the charge.   Don't make excuses in an attempt to bypass your wrongdoing.

Own it as something you did.  Be factual and not emotional. 

Explain the circumstances, then the actions you took to rectify the charges.

It also wouldn't hurt to outline a plan, if asked, for learning the driving laws in the US before getting behind the wheel here.

On 7/22/2024 at 11:23 PM, Scandi said:

The I-693 is only needed for those who adjust from within the US, OR those who didn't fully complete their medical abroad. For instance, as a K-1 applicant, you don't need to finish all the vaccines abroad in order to get the visa - but they are required for the AOS once in the US. So if the vaccine requirement was not met abroad, then you will have to do the vaccinations inside the US and that's why the i-693 is needed. 

In some cases, USCIS have even asked the AOS applicant for an i-693 even if the medical was fully completed abroad if the IO feels that there has been too much time in between that medical and the AOS review/interview (or if they have somehow misplaced the abroad medical report). So instead of arguing with USCIS and their sometimes wrongful decisions, it has been easier for the applicant to simply have another medical within the US for the AOS, hence the i-693.

Definitely send a copy of the DS-3025 with the AOS package, just in case. I don't know the procedure in South Africa, but in my home country there have been several people forgetting to ask for the DS-3025 at the medical, so they just asked for a copy from the embassy instead and that was sent to them with the visa packet and passport. I personally asked the doctor for the ENTIRE medical report (i'd say it's my right to get my own medical journals), so I got the entire report, not just the vaccination work sheet. 

Hey all, just an update:

The PP did provide him with a DS-2035 without issue.  I don't think the other K1 couples we spoke to, actually knew what we were talking about.  But we got it.

His vaccination record is marked voluntarily completed on question 2, page 2 but we do have vaccinations on the record which are classified as D, not available in country, the main one being the COVID booster

Is this something we will have to locate and complete in the states, or because of question 2's answer do the D classifications get waived?  Trying to figure that part out, if we're supposed to fulfill the Ds prior to filing AOS paperwork or if they'll make a RFE as part of the procedure.

Thank you!

17 hours ago, Demise said:

So - strictly speaking nothing prevents you from using his income for the I-864 provided that he's authorized to work in the US (and the AOS based EAD would count there).

The biggest issue is just how AOS packets are processed: These will normally go through some sort of first review where the service center will look at the documents submitted and check off the boxes (proof of marriage, proof of your citizenship, proof of his admission, proof of his identity, his birth certificate, are the forms filled out correctly, do you make enough to satisfy the I-864, etc). That's generally the point where they'll approve the EAD (and AP if applied for) and forward the I-130/I-485 to the field office for further processing or RFE/NOID it if something's missing.

 

So the issue lays right above in the bolded part. If it passes through this first review and his EAD is approved and he's working by the time the interview rolls around then yeah sure you can use his income.

 

So all in all, you'll need to be working at the time you file for his AOS, but can instead rely on his own income by the time it gets to the interview. Also, you should check if your employer offers short or long term disability, it does beat FMLA since you can get paid during it.

This is so so helpful, thank you! 

Yes, I do meet the income requirements alone to file the AOS and EAD paperwork at the same time, claiming my sole income for the I-864 for the initial application will not be an issue (right around 40k).  We will be doing so ASAP after the wedding in October, so FMLA if it's happening will not be for a while.

Unfortunately it is hard to say if STD/LTD is available for my circumstances with my employer, and I reviewed my handbook and saw that they offer up to 12 weeks unpaid as per federal law for FMLA.  However, I do suspect that if the AOS interview coincides with that leave, my future husband should be working to claim more than enough.  We'll proceed with each update, as we do not intend to have a household income at any point that falls below requirements.

I appreciate the thorough response, thank you again.

Alrighty.  We'll see what happens, I'm not getting any younger.

Maybe someone can explain to me why his income would not be considered if he has a work permit at the time of interview?  I don't understand that part.  He'll be able to resume employment at an executive level once the permit goes through, and I'm a wage based earner.

Just going to be rough I guess.

Hi there, quick hypothetical question:

For the I-864 that the sponsor submits, is that proof of income something you need at the interview, or for the initial petition?  My fiance and I intend to work on getting pregnant as soon as he enters the country.  The possibility that I will be on leave 9-12 months from now is a potential reality.  Will this affect my ability to sponsor him, if my pay is frozen due to FMLA?  

On 7/6/2024 at 8:01 PM, vistawateraz said:

Heather & Jon,

 

hang in there, it happens quicker than you think. Feel free to reach out if you have any questions! 

I'm back, with a quick one!

Jon's interview went great and our status on CEAC updated to Issued on Thursday, right after I poked them because the status hadn't advanced from Application Received for a few business days.  However, we've received no tracking information for a DHL shipment.  Any idea what their pickup schedule is?  Does he just need to go the DHL pickup in Cape Town to see if it's sitting there on Monday?

12 hours ago, SalishSea said:

You can’t.   There is no national interest for the US in this context.   

I appreciate you clarifying.  I was incredibly stumped as to what reasons I should request one.  Fine with not.

2 hours ago, SalishSea said:

No.   It’s a foreign company, correct?

Yep, it is.  And I honestly don't know what reasons could be given to expedite it.

4 hours ago, carmel34 said:

Check your state's requirements for a driver's license.  Most require EAD or green card so your plan may not work.

No worries, I've already spoken with a rep at our DOT after I emailed them. They said a driver's license can be done on a K1, but he'll have to renew after that expires.  The cost to get it will be ten dollars each time, we're not sweating it since I want him to be mobile (and insured, for documentation on the AOS).

55 minutes ago, Dashinka said:

Follow your plan as laid out right now.  Have his employer provide a letter or something similar showing he has a job waiting for him, and file the AOS/EAD package ASAP as soon as you have the marriage certificate in hand (you can start getting the forms filled out now).  Then request an expedite for the EAD after you get the receipt NOA.  You can also contact your House member or Senator to help push the EAD expedite.  
 

Good Luck!

 

https://www.uscis.gov/forms/filing-guidance/expedite-requests

Oh this begs another question then, would the reason for the expedite be loss of profit for the company? 

3 minutes ago, Lil bear said:

Yes the EAD in hand will  be required before he can work

 Yes .. Any Authorisation to work based on K1 would be valid only for the 90 days … And the application would not be processed before this expires anyway 

SSN makes it easier to do bank account, state ID, get onto health insurance etc without having to battle with agents who aren’t familiar with the process or legitimacy of applying without SSN 

 

Oh that's right, we were thinking of doing a driver's license for him before the EAD so that would make sense, why a SSN would make that part easier.

Thanks for the clarification.  I think we've got the timing right, and it's so much easier when we don't have to worry about a name change for him.  For me to do it, will be so much easier.

Appreciate the speedy reply!

This could probably go into the SSN subforum but just in case, I'll post here. 

We are preparing for my fiance to arrive in September, and will be marrying the second week of October.  His employer wants to retain him but it's been made clear to them that his position/pay needs to be suspended until he is authorized to work again.  Here's the thing..

People have been very clear about K1 visas allowing individuals to apply for an EAD but that it's essentially useless to do so since it's only valid for 90 days.  I.. think it's attached to the validity of the i-94 travel record, if I recall correctly, and not to the marriage date.  Feel free to correct me if I'm getting this wrong.

We're going in to the SSA office to get his SSN shortly after he arrives in September.  We're prepared to supply evidence that he is an alien allowed to work.  Allowed.. not the same as authorized, if the above is correct.  So what is the point of getting the SSN early, if nobody uses it for an EAD?  Why is it so essential?  Even the SSA's non-citizen cheat sheet says it's not actually needed for bank accounts, etc.  I assumed it would be needed with proof of a K-1 so that taxes can be filed for any work done prior to marriage but.. that does not seem to actually apply.

And JUST to be clear.. if he gets his SSN, he still needs to wait until we file an I-765 and get his EAD until he can give the go ahead to his employer, yes?

On 7/10/2024 at 8:23 PM, alliejourney said:

 

Hi! I can confirm that this was correct. We got his SSN with absolutely no problems the day after we entered the US on his K1. We brought along his foreign birth certificate, the I-94 with his most recent entry on the K1, and his passport with his K1 stamp. They actually didn't even ask to see his birth certificate, just the I-94 and passport. (I'd still bring the birth certificate though, just to be safe.) All in all it took about a half hour at the office, and we received his SSN in the mail just over 2 weeks later.

Thank you so much for the update! 

Can you provide how long you waited after he entered the US before going in to the SSA office, in order to see him in the SAVE-ASVI database?  What was that process like, even?

On 8/6/2024 at 7:08 AM, battambang610 said:

Hi all,

 

On July 26, I signed and mailed all latest documents to my fiancee and delivered Aug 1st. 

These are the items I gave her and signed 7/26

• Original I-134
• Employment verification letter
• Bank verification letter
• 2023,2022,2021 W2 and Tax transcript
• May, June, July paystub and bank statement
• Passport Biographic page
• Intent to marry within 90days

My concern is since her interview is Sept 19, do I need to email her my August paystub, Aug bank statement, and a latest "intent to marry within 90" letter?  Or all the signed documents back in July 26 should be good?

It sounds like you are concerned that the paperwork won't get to her on time prior to the interview.  Please know that all of these documents (even the declaration of intent, which does not require a wet signature), can be sent electronically.

I.E. you can just email them, or share them via a Google Drive/Dropbox.  

My fiance just printed them off on his side and put them in his case file for the interview.  

I can't speak to the process in Manila but remember that the visa validity date aligns with the date of the medical.  As far as I understand it, this is why so many medical appointments require that you have your interview booked, so that it won't expire.  Your fiance will have six months to enter the US from the date of the medical.

12 hours ago, luinbloo said:

Hello everyone, I’m new to the site and still trying to work my way around it so apologies if this has been asked before!

 

I’m Irish, and my fiancé is American. We met while he was studying in Ireland, but he moved back to the US 2 months ago. We’re ready to start the K-1 visa process, but since he’s recently moved, bought a car, and is furnishing his apartment, he doesn’t have the funds for the I-129F filing fee at the moment.

 

We want to get the ball rolling as soon as possible. So my question is, can I send him money to help him get the process started? Or will doing so cause issues later in our application?

 

For context, he does meet the minimum income requirement (he’s a junior doctor), but he’s just getting settled again after moving. 

 

Thanks in advance for your help!

My fiance and I went 50/50 on the petition fee. He wired it and I handled the payment.   It's not something they would track or care about.

4 hours ago, Amonica said:

Hi guys, I just want to let you know that everything went well. I finally got my visa on the 7th of August 2024.

 

The interview was smooth and lasted within 10 mins. If you would like me to share more of my experiences feel free to ask me anything.

Thanks for coming back!  Could you perhaps fill out your timeline so all users can learn from your experience?

On 8/7/2024 at 9:11 PM, stegsaurus said:

When you mention the regional forum, you mean here on VJ, right? This page says 102 days is the average time between NVC sending and embassy interview, which is one of the longest for any country. But there are only 2 Honduras cases so this might not be enough data/it might still be skewed from the Covid backlogs. 

Super glad to help!  We almost went mad during the NVC phase which was just the weirdest part so far (we were even sent a second NOA2 which was like, what), so I just want to provide people with realistic expectations because there seems to be a lot of Murphy's Law that happens at this stage.

That does sound long at 102 days! I can't recall where those stats get generated from --either internally from user reporting or from the NVC site itself-- but the regional forums are great for confirming up to date information direct from the users.  If you scroll down on the Forums page, you'll find the Regional Discussions in the General section. Looks like there's one for Latin/Central America/Mexico, I'm just terrible at linking things sorry 🤣  But yes, if the wait is expected to be 3+ months it would make sense to wait on the DS-160 until your case moves to Honduras, just in case.  But it's alright if you do want to submit it early, it won't harm anything.  You will just have to renew it if the wait is over a year.  Any changes during the time from submitting the DS-160 to your interview (such as change in address or employment), can be clarified in person.

By all means you can try for the case number at two weeks, see what happens!  It can't hurt at all.  There were periods of time where I got concerned I was sending in too many inquiries, but again, if you just check in every week and make sure you're not overlapping (as in, sending another inquiry without waiting for a response), I don't think they'll care. 

By the way OP, I followed you from the previous thread and am so glad you took the members' advice to focus on a spousal visa.  As my fiance and I have done the K1 and are just about finished, we are nevertheless not looking forward to the additional costs/wait times of the AOS/green card.  It is what it is.  

I hope the process goes smoothly for you and that you have an amazing celebration stateside!  Remember, it's not the paperwork that makes the marriage, it's the love for one another.  You get that paperwork done as efficiently and cost-effectively as possible, and you'll be able to truly enjoy bringing your family to the US.  Good luck to you!

And back to your regular programming... 😅