Edward and Jaycel

I don't know how strict your embassy is with the I-134 but when Jaycel went for her interview, she went with the form completed and signed by me, my most recent tax transcript, a letter from my employer and the most recent 3 months of pay stubs. The Consular Officers have a wide latitude in what they can ask for and I didn't want her to be lacking anything. Best of luck and let us know how it goes!

This paragraph of the RFE is the key.... It looks like either the RFE was filled out using the wrong "Basis for Filing Affidavit of Support" in part 1 OR you only included a joint sponsor because it is saying you submitted an I-864 but it was not from the petitioning sponsor. Who was the person named in the I-864? What selection did you make in "Part 1. Basis for Filing Affidavit of Support" ?

Congrats!! 🎉 Can you tell us what the I-751 interview experience was like?

In about 3 weeks I would start sending inquiries via their public inquiry page (link below) to request your case number. There is a function on the form to attach documents where you should attach a scanned copy of the I-129F approval notice. Take the opportunity of the inquiry to make sure they have both the petitioner and beneficiary's email addresses. I would word the inquiry something like: Hello NVC, My Petition for Alien Fiancé(e) (I-129F) was approved on XX/XX/2025 and USCIS has notified me that my case has been sent to you. I would like to request that you provide me my case number if it is available. I would also like to make sure you have the petitioner and beneficiary emails updated in your system as follows: Petitioner: email@email.com Beneficiary: email@email.com I have attached the approval notice for my form I-129F for your review. Thank you, Angie A. If they don't have your case number available on the first inquiry, you can send a new request every 10 days. Once they create your case and provide you the case number, usually within a couple of weeks you will get an email from them with a K1-FTP letter attached which indicates that they have sent your case to the embassy. Once they provide you the case number, you can start tracking it on the CEAC Case Tracker site (Link Below) NVC Public Inquiry site: https://travel.state.gov/content/travel/en/us-visas/visa-information-resources/ask-nvc.html CEAC Case Tracker site: https://ceac.state.gov/CEACStatTracker/Status.aspx Keep the community here advised of your progress!

Today's stats: May 27, 2025 22:15 MDT November 2024 Filed I-485 Stats • Approved: 6,887 (+137) • Denied: 1081 • FingerprintScheduled: 88 • InterviewCancelled: 279 • InterviewScheduled: 10,715 (+18) • Processing: 21,842 • Received: 602 • Rejected: 103 • RFE: 429 • Terminated: 172 • Withdrawal: 30 • Others: 38

Great news!! 🎉

Passport is a "Real ID" no matter the status of the I-94. I would carry a copy of the NOA1 in case he is questioned about his immigration status

This is not required for the embassy interview, however some CFO counselors are requiring an FBI Records search results on the petitioner for the CFO Guidance and Counseling Program requirement. I have read 3 or 4 accounts in the last 6 months saying the counselor asked for it.

I would say to bank on at least 14 - 15 months. The hardest thing about this immigration process is managing your own expectations. The 2nd hardest is not comparing your case to others that filed around the same time as you.

Because we were able to get Jaycel's interview scheduled and visa in-hand in about 2 and a half months after the date of approval from USCIS. Now it seems to be taking USCIS 6-8 weeks at least just to send the approved application to the NVC and it's usually 4-6 weeks more before they send it to the embassy now. Things have slowed down a lot over the past 6 months. We were extremely fortunate to get ours as quickly as we did

Which embassy will be processing it?

There's no way to know for sure.... a lot depends on which embassy will be doing the interview and visa issuance.

Ah ok thank you for clearing that up.... so it looks like they sent back the whole I-765 and pieces of the I-485. Very strange. If I were in your shoes I would assume they rejected the whole thing especially since they sent back the I-864 which is in support of the I-485. It sounds in my mind like they opened the package, lost the I-485 application before they started processing it then rejected the I-765 due to no concurrent I-485 being with it. I would cancel the payment for the I-485 if you used a method that you can cancel and re-file ASAP.

Ok so the name on the passport is what is going to matter because when you fill out the DS-160 prior to the interview, it will need to match the passport. The visa will be issued in the name as it appears on the DS-160 and must match the name on the passport. Once your file is sent by USCIS to the NVC, you can do a public inquiry with them and explain that USCIS got the name wrong and include a copy of her passport bio page and ask them to correct it before sending to the embassy

I meant to ask which I-797.... is it the receipt notice or the approval notice for the I-129F? What is the name that is on your fiancée's passport?

I-797 for what? The I-129F? What is the name on your fiancee's passport?

Usually when USCIS determines they require biometrics from an applicant, they move pretty quickly to get it done - As @OldUser mentioned above, you may not hear anything for quite a while after it's completed.

Congratulations

And re-entry is at the discretion of CBP. From what I was told in talking to two immigration attorneys.... "The bar for them denying entry to an AP holder is even lower than denying entry on a visa. The CBP officer has to have a pretty good justification of inadmissibility or suspicion of visa fraud to deny a visa holder entry. There is very little needed to deny entry to an AP holder." This is why we did not even apply for AP when we submitted Jaycel's AOS package.

I will answer your second question first - We have no reason to believe that Jaycel's application would be denied. We are in a bona fide marriage and were together for three + years before we got married when she arrived here. The biggest thing right now is the quasi-legal status she is in while the Adjustment of Status application is pending. She is in what is called a "Period of Authorized Stay". Technically she has no legal status and the "Period of Authorized Stay" only is protected from accruing unlawful presence for inadmissibility purposes. And it is at the discretion of the Secretary of Homeland Security. In this heightened immigration enforcement time in the US, this always is at the back of your mind. It makes traveling within the US by air a bit nerve wracking. And of course, taking the risk of traveling internationally is unwise in this environment, except in cases of family emergency. So Jaycel will not be able to go home to see her family until she has her green card in-hand. She would never risk all of the time qwe put into this process so far to travel overseas on AP for frivolous reasons. As I said, the environment around immigration is very different today than it was in previous years. Nowadays, K-1s are taking about a year from the time the application is filed with USCIS until the foreign fiancée arrives in the US in the best of circumstances.

This is why I wanted to be sure they were prepared for it. This has been more difficult than we expected, especially the uncertainty of being in a quasi-legal status while the application is pending.

My comment earlier was made to be sure you understood the 12-18 months that she would have to stay in the US until the greed card was issued. As long as you both are prepared for that, then I say this is a perfectly viable option. Best to you both from me and Jaycel!

Did you not include passport photos with the I-765 application? They are required for that application also

No, once USCIS sends it to NVC, the case status on the USCIS site will change from "Case Was Approved" to "Case Was Sent To The Department of State"

Do you mean you want to get married where you are and return together to the US? If so, then this is not a K-1 Fiancée visa situation... This would be an IR-1/CR-1 spousal visa situation and would not be done in a year. If you are engaged and want to do the K-1 visa, you would need to get married in the US once you both go there. We got Jaycel here in 50 weeks using the K-1 but that was in the prior administration and things seemed to slow down a bit on the K-1s since the new administration came into office. If you pursue the K-1 visa you MUST give them court certified records of the case disposition or you will get an RFE. I made the mistake of not sending them in with my application, because like you, I misunderstood the instructions and thought I just had to give them the information. I got an RFE and it delayed my case by who-knows how long.