PeruvyandGringa

His K-1 expired as soon as he entered the country. It is a one time use visa. You don’t need a lawyer, that would only slow you down further and cost more money.  Are you still within the 90 days of arrival?

you have an ETA? It is only valid for 90 days of authorized stay in Australia (it is valid for longer, but only continuous presence of 90 days). So you would need to leave Australia regardless of that is the case. 

This doesn’t make sense so try another bank. Companies that hire international seasonal workers have them get bank accounts here for their money to be deposited. They are only here temporarily and would never have a green card. 

11 minutes ago, ChrisL101 said:

Ive heard somewhere that if you enter the country with the intent of getting married on an ESTA it could effect your Green Card application? Because there's evidence that we have been engaged for 8 months. Even though we do plan to have a very small wedding it wouldn't be 'spontanious'

That is not correct. That is the whole point of a destination wedding. You plan a wedding in another place, sometimes even another country. It happens all of the time in the US and countries that don’t require too much red tape in getting married in them. A destination wedding is a perfect reason to be using ESTA. Both parties could be from another country entering the US to marry. Or from two different countries, or, with one US citizen as is this case.

If it is still within the 90 days, you can contact the Consulate. Unfortunately by the time we contacted them it was around day 94? Just a few days too late. But they are able to reissue at their discretion but I’m sure it has to be a very compelling reason. 

We filed with only the one but put both on the part that said other used names and had no issues, everything was issued with just one last name (passport had 2 last names)

Marry in Stockholm at the City Hall.

As long as it is somewhat recent you will be fine. I flew to Spain and we filled all our forms out together, but it took me about a month after i returned before i filed (I was triple checking everything before sending it in). We had no issues.

Why not just have her come down right now and get married, then she can return to Canada and you can apply for CR-1. That way she can continue working while the visa is processing, and with CR-1 she can work as soon as she arrives. With a K-1 she would be here for months without being able to work (and potentially bored). If she wishes to avoid that just get married and apply for CR-1, and you can visit each other while it is in process assuming you have good proof of intent to return.

Ugh, in the future, buy the ticket straight through straight away, they would be more likely to work with you if there are delays. 2 different tickets i can't see they would be as willing to work if he misses the second half. I can't say it's ever taken me more than maybe 45 minutes at JFK, but I'm a citizen. Just cross fingers the flight isn't delayed and there isn't a super large amount of people arriving at the exact same time.

I got and RFE for my K-1 Visa. They need further evidence of meeting in person. The items they list as evidence I have provided all in the original K-1 packet.

1) Written statement

2) Copies of airline ticket stubs and receipts

3) Photographs

4) Anything else that can provide evidence (I sent my visa stamp)

I called USCIS to see why they didn't have enought evidence. But the agent I talked to couldn't provide any definite answer. Like maybe they lost the evidence.

What do you all think I should do? Just resend what I sent in the first packet?

send everything again plus more. #2 I hope you have the airline boarding passes #4 Copy all pages of your passport if that is what is showing entry into their? country where you met in person with the stamps

Other things I included (my bank and CC statements for that time period, showing purchases/withdrawls and the locations highlighted and matching up with the dates i was in the country).

Lots of photos together, especially those that also show a landmark/date or time period.

The I-94 is already in the system (3 days after the POE) and we printed it out. Is it possible that the info in the SAVE system is quicker these days?

That's possible, but showing up and it's not in the system (as was our case) caused far more problems than had we just waited a few days. If it is not in the system they do a request (which they have to wait for the results even if you return again after enough time that it would be in the system), which takes unknown amount of time (for us, he ended up leaving on day 87, and we never were able to get a SS# for him because we hit the ground running and went to the SS office around day 4 or 5, big mistake! I would rather be safe than sorry based on our experience, maybe a newer member can shed more light!

I am considering having my fiance stay in Mexico until our set wedding date of January 2nd and I will go down there and have the religious ceremony with him and then we will both come back to the US, he will enter using his k1 visa. Since the k1 (I believe) is valid for 6 months and you only get 1 entry. This would solve our problem, right?

Would there be any conflicts having the religious ceremony before the US civil ceremony ? He got the k1 just 3 days ago. So I heard he doesn't have to enter the US for 6 months until it expires.

I am copying a quote below from another site b/c I am being a bit lazy. The issue is if the religious ceremony in Mexico would be considered married in Mexico. If it is, that would make the K-1 void. I googled quickly but I am no expert on what would be considered legally married by Mexican standards so I won't comment on that.

"While I fully understand your reasoning for wanting to have the religious ceremony, you need to know that it may cause an issue. Because the U.S. recognizes any "marriage" that takes place in a foreign country as long as that country's government considers it to be a valid marriage, the real issue is whether you will be considered married in your home country once you go through with the religious ceremony. This is sort of a tricky issue, but I have seen it come up before. If you are married in the eyes of your country before you come to the U.S. with a K-1 visa, you are obviously no longer a fiance. I can't tell you what to do, but can only say that it may come up in the context of the adjustment if a background check reveals some state sanctioned marriage that has already taken place."

I understand but let's say he comes here next week and marries me and then goes home for a while. Can I continue his paperwork and he gets that parole card while he's in mexico?

No, that's the whole point of the AP document, it provides the ability to travel. Honestly, using being 21 and not having time. None of us have time, I was working 80-85 hours a week to help pay for this entire process plus life in general plus visits to Spain, but I did countless hours of research before dropping thousands to apply (and it took many many months before we actually applied due to the lack of time/wanting to feel completely prepared before we applied so as to not waste any money with mistakes!).

If he was approved (and assuming he already has his visa), could you change the date he arrives to say, next week? (or make the flight for immediately after he receives his visa). That way you could get married in the next week or 2 and get AOS/AP started, that's the only way I can see you could more likely (still not guaranteed) have his documents prior to your December plans.

Thank you also for your reply!

I have been issued an emergency passport. I am flying back to the UK next week and will be leaving China for good, moving back to my home of the UK until the k1 has been approved.

The places and offices in which I need to go to get the police background check won't accept my emergency passport - they only want to see the original one, which is impossible as it's gone. They're saying they can't do anything else....

Just the thing is with China, is that no body really knows what to do. The British consulate states that I need to go to the notary office, whilst the notary office tell me to go back to the consulate - and both parties are refusing to meet/discuss this.

Do you have any other suggestions at all?

Thanks!

Just making sure, that "the places and offices" you went to was a Public Security Bureau (PSB) before going to the notary?

You can't request an expedite?

Yes, I'm not sure if they are expediting Syria, but certainly should be.

OP I'm so sorry for what has become of your home country. Someone mentioned you are in Turkey, if that is the case, you are at least safe. Your latest thought of how to get to the USA is not going to work. I'm sorry if you are feeling desperate to get to the USA, it's not the answer. I met many Syrians in my several visits to Turkey over the years (so many the last time I was there, but all wonderful people). Good Luck!

Did you miss the part where I said we have photos? from a different thread I read, the users said that a passport with the visa stamps from my previous trips, along with copies of the plane tickets and or receipts are primary evidence that I was in the country. And the photos with dates confirm we did see each other during these time frames. Please give examples of what primary evidence is if you're going to talk down on what I thought was it.

Did you miss the part where I said we have photos? from a different thread I read, the users said that a passport with the visa stamps from my previous trips, along with copies of the plane tickets and or receipts are primary evidence that I was in the country. And the photos with dates confirm we did see each other during these time frames. Please give examples of what primary evidence is if you're going to talk down on what I thought was it.

I did miss that you said passport stamps, I only kept reading photos and plane tickets. You need not plane tickets but the actual boarding pass as primary evidence. If you only have an itinerary or ticket it does not mean you ever flew. The photos are useless without primary evidence that you were there within the 2 year timeframe, but passport stamps will work (hopefully they are clear). We also did not need to front load as much as you probably would want to. Spain is much easier than Ghana.

You haven't listed any primary evidence for having met. Boarding pass and passport stamps? Also, there are documents you need from him before filing, a letter of intent (one from each of you) with original signatures, etc. As others have suggested, read the guides.

Don't make any plans until after he has the visa. Many here get married in the courthouse for immigration purposes, then later do the "real" wedding when you have time to plan. Also helpful if you may want to go on a honeymoon outside the country, as you have to file for AP or wait for the greencard after marriage in order to be able to leave the country (and return). The minute you put money down and book something, you know that something will delay the process.

She entered 1 and a half years ago illegally.

So she won't get deported?

She could, but it's not like anyone is hunting her down, she would have to do something to bring attention to herself. She can't ever leave the country to visit family in Brazil or hold a legal job until she gets married and becomes legal.

As the title says, what is the typical waiting time?

We just hit 6months wait from noa1, we kinda hope for our approval very soon and I'm really curious as to how long the typical wait is between noa2 and intervew day?

Curious and hopeful I can spend summer with my hubby!!! We are at tsc

I will have my interview in sweden if that matters

Search the timelines for others from Sweden, it varies by country/consulate.

http://www.visajourney.com/timeline/stats.php?cfl=

Thank you all for your input! It's much appreciated and helped me so much to rethink the whole situation. I'm going to stay here in the U.S. and simply volunteer during the waiting process.

I'm sorry for posting in the wrong category.

Once again, thank you so much!

I was going to say abandon your AOS and take the job in Germany, life is better there anyway! You can always file another petition down the road if you all decide to move to back to the states. Seems like you have already decided, best of luck to you here!