kgo

My timeline on uscis.gov says "we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our CALIFORNIA SERVICE CENTER" in February, and I haven't heard anything since.

Is there a phone number you can call to get more exact updates on where your case is?

ok thank you very much

can someone explain how the biometrics appointment will go, and roughly how long it will take (the actual appointment)?

edit: answered my own question, cashier's check is fine.. ignore me..

Thanks so much.. you are a real great help around here.

Everyone is.. I feel bad asking so many questions.. but you guys are just too helpful and this can be really complicated.

we will give it a shot and see what happens! I have a feeling it will be fine.

hi, we are filling out the I-864 and have some questions.

we are using 2006, 2007 and 2008 for my (the sponsor) tax information, as the 2009 taxes won't be done until a month from now.

the problem is, for 2006 and 2007 I was above the poverty level... but for 2008 I was under the poverty level (by a lot). and 2008 will be the most recent provided.

in 2009 I was well above the poverty level.. but we have to send my husbands AoS in before those taxes will be done..

if I just include the 2006/2007/2008 numbers and also include my last 6 pay stubs, as well as a letter from my employer stating that I make way more than the poverty limit now.. will they look past the fact that the most recent year provided was too little?

or are we going to have problems?

sorry if that was confusing but I hope someone understands and can offer advice..

should we just get a joint sponsor instead?

thanks, yeah I've already organized a family member back home to pick me up another copy and mail it express

I was going to just send the vaccination records envelope with my I-485 packet, but now I'm reading in the VJ guide that you need to take it to a civil surgeon to get a vaccination 'supplement' - doesn't even explain that in the I-485 instructions, just says to include a vaccination supplement.. which I would have assumed was the small envelope I got from my doctor in Aus! :/

anyway thanks guys, we seem to be on track with our AoS now

Short answer: yes.

Long answer: There are several expiry dates encountered in the K-1 visa process.

The first is the expiry date of your I-129F approval. After your initial petition is approved, you have until your I-797 expiration date to apply for and receive your K-1 visa. This expiration date usually doesn't matter. Most consulates will automatically extend this date if it happens to pass while you are in the process of applying for your visa.

The second is the expiry date written on your K-1 visa itself. This date has nothing to do with when you have to get married, how long you can stay in the US, or when you have to adjust status. This date is 6 months from the issuing date of the K-1 visa, and specifies the date you have to enter the US by. Once you have used your K-1 visa to enter the US, this date is completely irrelevant. So yes, if you entered the US prior to the expiration of your K-1 visa, and married within 90 days, you can still adjust status.

The third expiry date is on the I-94 you are issued when you enter the US. With a K-1 visa, this date is 90 days after you enter the US. The conditions of a K-1 visa state that you have to marry the US citizen named on the K-1 visa within that 90 day period, or you (like every other alien who enters the US on a visa of any kind) have to leave by the expiry date of your I-94. If you have married the US citizen named on the K-1 visa, you do not have to leave at the end of that 90 day period. Note that the expiry date on the I-94 is not the date you have to file AOS by (though it is highly recommended, for a variety of reasons) let alone the date you have to have your green card by (utter impossibility, but I've seen people here with that misconception). It is ONLY the date you have to be married by. If you have not married, you must leave the US at or before this date. If you HAVE married, you can stay beyond the expiry of your I-94, and adjust status.

Note: if you do not file AOS before the end of your 90 day I-94, you will begin accumulating out of status days. You will continue accumulating them until you file for adjustment of status. While out of status days are virtually always forgiven when your adjustment of status is approved, accumulating more than 180 out of status days will cause you to incur a multi-year ban on reentering the US. Accumulating more than a year of out of status days gets you a ten year ban. [Obviously, if you have anything like this many out of status days, you should NOT leave the US FOR ANY REASON WHATSOEVER until your AOS is approved and you have paper documentation that your out of status days are forgiven.] Furthermore, if you happen to interact with federal law enforcement while out of status, they have the right to make your life far more complicated than you would generally like. So try to keep out of status days to a minimum.

Once you file for AOS, you stop accumulating out of status days, and can remain in the US until your AOS case (and any necessary appeals, G-d forbid!) is decided, one way or the other.

Hope this helps.

wow thank you so much, hugely helpful! really appreciate the detailed info. seems we shall be fine!

Hugglebuggles has the correct info concerning your status - but let me correct your understanding of the K-1 visa.

The K-1 only allows you a one-time entry into the US. You can enter that one time prior to the K-1 expiration date. (which you did)

Once you enter, the K-1 is void. The I-94 is good for 90 days after you arrive. The expiration of the K-1 does not factor into this.

Only the I-94 grants you a period of authorized stay in the US, not the visa. (you could have a 10 year visa, but that doesn't grant you the ability to stay in the US for 10 years)

thank you! now here's hoping uscis already has my vaccination supplement (accidentally gave it with my medical report at the PoE).. rfe would suck with only 20ish days left on my I-94 ;p

You're fine, no worries. It is very rare for an AOS petition to be approved before the I-94 expires. Your AOS NOA is your evidence that you are not residing in the US illegally.

Ok thanks so much, bit of a freakout day over here. hah.

That helps greatly.

so my K-1 visa will expire while we are still waiting for our AoS approval.

I can still stay in the country right, because we have gotten married and filed for AoS within 90 days?

I've googled but can't find much - I do suck at searching though. heh

oh so I just don't send it, and they would know where it is. that would be cool. I'm 99.9% sure they took it, I remember forgetting to take it off the brown envelope. lol

guess I will try my luck, thank you!

if they don't have it I'm sure I'll hear about it.. hopefully before my visa runs out.. oh God heh

so we were just gathering everything for the adjustment of status packet, and I couldn't find my vaccination records.

at the medical in Australia, I got a big brown envelope with all the medical forms in there, and attached to that was a smaller envelope with my vaccination record in it.

when I arrived at the PoE in America, they took the big brown envelope.. WITH the vaccination record attached

now how am I supposed to send it in???

please any advice would be wonderful, I'm freaking out.. my k-1 runs out in 20 days or so

hi, on form g-325a, I have some trouble with the 'residence last five years'

I have listed my address in australia and then my address in america

but during the wait for my I-129f approval I was in america for 6 months, do I include that in between as well?

or does it only need where my actual HOME was?

ah awesome, didn't even see that there. thanks!

guys, how do you receive notification of your interview date? email? regular mail? phone? all/some of the above?

Sydney Embassy btw. have sent my form saying that I am ready for interview, just waiting around to get a date now. would love to know how it comes.

The DSL-1076 from Sydney asks that I send all of my documents along with it (the DS-1076) to recieve my interview appointment

the documents that it says I must send are:

Birth Certificate & Photocopy

Police Certificate & Photocopy

Photocopy of passport biographic page

I-134 Affidavit of Support - Original only

'Medical records' - Original only

can anyone please tell me what Medical records they are referring to? I have had my medical exam.. are they talking about the report I got from that?

I never knew you had to send all of this stuff off, will I get it back after they give me my interview date? everywhere I read says you take this stuff WITH you...

someone PLEASE help clear this up, it is really confusing.

ok guys thank you very much, we sent off the DS-230.

so my fiance has recieved packet 3 and filled out all of his forms, sent off for the police report and started the medical process (waiting for blood test results)

with the DSL-1076, do you send that off only with the other forms or do you send the medical results and police report with it?

I ask because in packet 3, it says once you have ALL required forms to send the DSL-1076 off

here is the email (edited irrelevent pieces out):

---------------------------------

The Consulate has received your approved petition. You may now download the initial set of instructions, known as “Packet 3”, from the following website:

http://canberra.usembassy.gov/consular/visas/iv/fiance.html.

Forms required:

Form DS-156 — Nonimmigrant Visa Application (2 copies)

Form DS-156K — Nonimmigrant Fiancé(e) Visa Application (1 copy)

Form DS-230 Part I— Application for Immigrant Visa and Alien Registration

Form DSL-1076 — Applicant’s Statement of Readiness to be Interviewed

Form I-134 — Affidavit of Support

A medical examination is required. For further information please refer to the following website: http://canberra.usembassy.gov/consular/visas/iv/medical.html.

If you need to obtain a police certificate for Australia, please refer to the following website: http://canberra.usembassy.gov/consular/pol...ertificate.html.

When you have obtained all of the documents required for your case, complete and mail all of the documents(do not fax or scan) with Form DSL-1076 to advise the U.S. Consulate General in Sydney that you are ready for your final visa interview.

--------------------------------------------------

yet elsewhere on the embassy site, it says the following:

"You must bring the medical examination results with you to your formal visa interview."

so we are a little confused as to when he can send the DSL-1076 off.

thanks for any info guys.. we could not do this without you all.

Hi guys... me again with yet another question. hah.

with the DS-230, you do just send part 1 in first, right? I'm assuming part 2 is used later.

we just received our NOA2 in the mail, but packet 3 has not arrived at my fiance's address in Australia. can he go ahead and book the medical and police check appointments BEFORE packet 3 even arrives to him?

will having those things dated earlier cause a problem at the actual interview?

we just want to be as prepared as possible so he can come back quickly.

thanks!!

not sure if this is the place but here goes

we just received our NOA2 in the mail, but packet 3 has not arrived at my fiance's address in Australia. can he go ahead and book the medical and police check appointments BEFORE packet 3 even arrives to him?

will having those things dated earlier cause a problem at the actual interview?

we just want to be as prepared as possible so he can come back quickly.

thanks!!

Thank you very much everyone, and congrats to the other approvals... good news is coming for the rest of you soon, too, I'm sure.

It seems to me like each months petitions are just randomly piled together

hey guys, just got approved. our noa1 was April 21st. will update timeline very soon.

good luck to you all.. seems April is coming through faster and faster now.

so we aren't approved yet, but we are trying to get all the documents ready for my fiance in Australia for when we ARE approved, and we are finding it a little confusing (as usual lol) trying to understand EXACTLY everything he needs after I get the NOA2 in the mail, and at what point he needs each item..

The VJ guides list that the following be sent to my fiance for his interview:

"A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one)."

is this actually necessary? at what point is the entire package used/needed AGAIN?

"Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy."

same question... and what documentary proof is this referring to?

"I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all."

My fiance shows this form at the interview?

Hi, I see your point. We decided to do what they asked for. I wanted to be prepared just in case there is some misunderstanding or some document is missing. At the embassy I was only asked for I-134 Affidavit of Support ( without evidence supporting it) which was sent back to me along with my visa a few days after. My fiancee sent me everything ( he didn't feel comfortable sending so much of his private information by post, but the fear of not doing what we were told was bigger).The good thing was that the package helped me to review details ( like his bio) and it was , in fact, the first time I read our love story he submitted- there were many dates I find hard to remember. Good luck with everything!

ok thank you guys, majorly appreciate the help. we understand much more now.