Shawn & Emi

Have they had their interview yet ? If he doesn't show up they won't issue the green card.

Good question... the original post was kind of confusing!

Thanks, so just the AR11 mail and online right...is she considered a US citizen if she does not have the card in hand yet but is approved?

No, she won't be a US citizen, she'll be a permanent resident.

If she was still in a relationship with her husband she would be eligible to apply for citizenship after 3 years of being a permanent resident, but if they're no longer together it will be 5 years. That's assuming that she is able to successfully remove the conditions on her green card in just under 2 years time...

When I was going through the K1 stuff last year, I received packet 3 towards the end of May, sent all the required forms in within a week, had my medical June 15th and even though my medical went well, I didn't have my interview until August 10th... So if I were you I'd go back sooner rather than later and get your medical booked for as soon as possible. Obviously every case is different, but I just wanted you to know it can take a lot longer than you think to have your interview and get your visa in hand (to be safe, add on another 2-3 weeks for that part!)

Good luck!

That is my bad. Thanks for the correction and info too

No worries!

Since you are a USC, you can go and visit your fince at UK, however; your fiance needs to get a visitor visa in order to come to US.

This isn't correct - UK citizens can use the visa waiver program (VWP) to visit the US for up to 90 days, so long as they are eligible to use the VWP (majority of people are, but people with certain criminal records/visa denials can have problems using it)

Good day everyone. My fiance will arrive in US next week via Fiance Visa. Can we ask for a work permit as soon as she arrive or we have to wait for the AOS? And also approximately how many weeks/months before she can start working?

Thank you for the response. Have a blessed day.

Hi,

I believe you can technically apply for a work permit before you do the AOS stuff but it takes about 90 days to come and costs a lot (I think about $350-400 but I'm not sure) so it's not worth it!

The best thing to do is file for AOS as soon as you have your certified copy of your marriage certificate, and then it usually takes 60-90 days for the work permit and travel authorization to come. Mine arrived only about a week before my AOS interview so I never ended up using them as the green card is used for both of those things.

Congrats on your fiancé arriving next week!

Emi

Congratulations!

In order to get a K-3 non-immigrant visa for her to visit during the wait -- which much be filed from Japan, I have to file both I-130 and I-129F. However, as of Feb 1st 2010, once the USCIS accepts the I-130 first or both petition, then K-3 is no longer allowed.

So exactly how does one make use of a K-3 visa then? Is the USCIS approval a very long wait then? Otherwise, it sounds like a very tiny window in which a K-3 can be used! "the availability of, as well as the need for, a nonimmigrant K-3 visa ends." Why does the need end -- what is the new option available at that point?

Marriage in Japan

CR-1, file I-130 petition with USCIS, G-325a, and G-1145.

USCIS approves petition, sends to NVC.

I'm fuzzy about what happens then. Do we need:

I-134/864, affidavit of support?

I-751, the one that's filed 90 days before 2nd anniversary of being granted permanent residence?

At what point in the process does she come here permanently?

Forget the K-3 visa - it would be the CR-1 visa she would need if you marry first. I believe it would be the I-864 affidavit of support that you would need to complete, but please double check that as I did the K-1 which is different (the K-1 requires the I-134 at interview and the I-864 for adjustment of status).

When USCIS have approved the petition it's sent to the NVC and then onto the US embassy in Japan, where she will be interviewed and hopefully granted the visa. She'll most likely have to leave her passport there for them to process the visa and then they'll send it back to her (you can check this in the regional forums though, it could be different in Japan). When she arrives in the US using her visa she becomes a permanent resident right away.

I think the current processing times for the CR-1 visa are 8-10 months but that's just a guide. It could be quicker, or it could take longer.

You're right about the I-751 to remove the conditions on the green card - file the form in the 90 days before it expires, she will then receive a 1 year extension letter while they're processing her case and when it's done she'll receive a 10-year green card.

Three years after she becomes a permanent resident she'll be eligible to naturalize if you're still married.

SORRY IF I CONFUSED YOU GUYS...This is really what happen I am only applying for I-485 since i read that the I-765 and I-131 are just optional. but when i filed that I-485 i used my name when i am still single coz i dont exactly know that when u fill up the form of I-485 u can already used the last name of your husband. I am done with my biometrics and i did call the USCIS call center and ask them that could it be possible to change the surname of my AOS? and they try to track my case number of AOS and then they said it was already approved,.-but i didnt received any notice of approval from the USCIS yet. and now i decided to file the -I-131 and I-485 coz i know the important of these while reading here. and i want to use my husband's Last name. hope you understand it now.

The thing is, if your AOS is already approved there's really NO POINT in filing the I-131 and I-765 because you're now a permanent resident and that means that USCIS will not process those forms for you - you simply don't need them now! Your green card, when you receive it, supersedes both of these documents. With your green card you can work and you can also travel out of the country and return again using your green card.

As you've already been advised it would be very expensive and a lot of hassle to change your name at this stage, so do what the previous poster said and wait until it's time for you to remove the conditions on your green card (in the 90 day period before it expires).

Hope you understand what we're saying now.

Hi to all people here:

i just have a problem with my AOS, i am K1 nonimmigrant and got married here las vegas. when i am applying for AOS i am using my name identical to my Philippine passport and i am done with my biometrics. Now i will apply for I-131 and I-765 and i wanted to use the last name of husband. is it okay? and how can i change my last name in my AOS, i want to use my husband's last name? but i already send my AOS and it was already approved...i want to receive a temporary greencard with my husband's last name on it. please help.

Your post is a little confusing...

You say your AOS was already approved, but you now want to apply for your I-131 and I-765 - if your AOS really has been approved already, both of these documents are a waste of time as you will receive a green card and will no longer require advance parole (I-131) or employment authorization (I-765).

Also I don't understand why you wouldn't have sent your I-131 and I-765 together with your I-485 (AOS). Either way, if your AOS is already sent and approved then you're not eligible for AP or an EAD because you're already a permanent resident and don't need those documents.

When we did AOS I used my new last name (husband's last name) on all the forms and that was fine, all of my documents were issued in my married name.

Why do you want a temporary green card with your husband's last name on it? If you're traveling abroad somewhere you just need to make sure your tickets match the name in your passport, and then carry a copy of your marriage certificate with you to show why the name on your green card is different upon arrival back in the US. If you're traveling within the US then I believe your green card or drivers' license/state ID will suffice for ID purposes - again book the tickets in the name on your GC/DL.

I'll give it a shot when I finish work today. My fiancée probably doesn't have any receipt from back then so there'd be no real proof. There's no harm in trying!

Is there a specific email or place to write the request on the website?

Thank you, everyone.

I think it might be your fiancée who has to request the expedite, as the petitioner.

The info on how to request an expedite is here

Good luck!

I would attempt expedite based on USCIS error, highly unlikely it was postal service problem. Just email USCIS and request for Expedite.

You need to write about the delay and fee change and then explain the financial hardship you will endure because USCIS lost your petition and did not properly log it in when it arrived originally.

Doesn't hurt to try, I got an expedite on my stepsons petition for my own error and USCIS processed it in 35 days.

OP can certainly try, but I don't think you can say it's "highly unlikely it was a postal service problem" - things go missing in the mail all the time. Unless the original I-129F was sent using some kind of recorded mail service, and OP has proof that it was in fact delivered when it should have been (i.e. back in September) USCIS won't be under any obligation to admit fault.

Hello all,

My fiancee wishes to marry in her hometown in Japan. But, we are not sure if she can visit on a regular tourist visa if we were to get married in Japan, until the I-130F is approved ~9 months after application. Or the other path is I-129F, and get married here. Same question, can she visit on a tourist visa while the application is in progress? I've googled and read quite a bit, enough that now I don't precisely know what forms are req'd or which path is best. I'm also presently hunting for an immigration lawyer locally (Bay Area), but most are employment-based. Any general answers or tips before I speak with a lawyer would be greatly appreciated. She's fine with waiting in Japan during the lengthy application process, but I'm pretty sure that's not necessary ...

Thanks!

Your fiancée can visit the US on the visa waiver program (VWP) during either process, she won't need a visa just to visit as Japan is one of the VWP countries. She should bring some proof of ties to her home country when she visits though, in case she gets any hassle when going through immigration at the US airport.

Both visas have their pros and cons...

The fiancée visa (K-1) is usually a bit quicker than the spouse visa (CR-1) but with the K-1 you then have to go through adjustment of status (AOS) after your marriage in the US, which costs over $1000. She won't be a permanent resident until her AOS is approved. If she comes on a K-1 your fiancée won't be able to work legally until after you've got married and then filed for AOS - part of the AOS process is filing for an employment authorization document (EAD) and it can take 60-90 days for that to be received (before that she won't be able to work).

If you marry first and then file for a spouse visa, you'll probably wait a bit longer for the actual visa but once your wife arrives in the US she'll become a permanent resident immediately with full rights to live and work in the US. I think it's cheaper to go down the spouse visa route, because there's no AOS involved. Also, if she's wanting to work she'll be able to do so almost immediately upon arrival in the US.

Just some things to consider!

" We originally sent the K1 in September, last year. Somehow the USCIS took 3 months to find it and, as a result, it was sent back to us"

USCIS ERROR based on your statement above!

Maybe - or it could be due to a postal service error. Perhaps it was delayed in the mail for some reason and didn't arrive with USCIS until much later than it should have done.

That's exactly what I was afraid of. Going back to Australia would cost far too much money. I have no residence there and the visa interview times are much longer than those in Korea.

A thought has popped into my head though. If I were to leave Korea for a day or two (to China or Japan) and then enter as a tourist for 90 days after my working visa expires, would that cause a problem? I could still go to the interview here and the cost would be much lower than having to go back to Australia. Would it matter that I'd not technically be a working resident of Korea?

I guess it would partly depend on whether you'd be admitted to South Korea again so soon after leaving - I know people often have trouble re-entering the US so soon after a VWP visit but I don't know how strict they are in South Korea. It might look suspicious at the POE.

Also, you'd probably need to check if the embassy in South Korea would be happy to interview you - if you were still there on a valid visa it might be fine but I'm not sure whether they would interview you if you're simply there as a tourist. Is there any way you can renew your working visa?

Maybe someone else can advise you better - what you're proposing may well be possible but I wouldn't like to give you any false hope! Good luck

Oops - I see someone else replied while I was in the process of writing! Sorry for the duplicate information.

Hi all.

I'm an Australian citizen residing in South Korea (for 3 years now). My girlfriend (American citizen, currently back in America) is the petitioner of the K1 visa and I'm the beneficiary. We originally sent the K1 in September, last year. Somehow the USCIS took 3 months to find it and, as a result, it was sent back to us because the filing fee had changed in those 3 months. We sent the K1 again, per their instructions (a green paper above the package), with the new fee in February. It has since been acknowledged as received and touched once on April 4th but it is still waiting to be approved.

My Korean working visa expires on the 25th of August and I'm extremely worried about this all being wrapped up by then. We thought that sending the K1 in September was ample time, but that previously mentioned hiccup has significantly slowed us down. Would my expiring visa for this country be reason for expediting the petition? If so, how would I go about applying for it? Can I do it as the beneficiary or does the petitioner have to do it?

Hi,

Current processing times for the I-129F petition seem to be 5-7 months, so you might have your petition approval (NOA2) by the time your working visa expires. However, once the petition is approved you then apply for the K-1 visa, so even if you have your NOA2 by the time your current visa expires your US immigration process won't be complete by that time unless you're very lucky.

I don't think you'll be eligible for an expedite based on your South Korea working visa expiration date - presumably when that visa expires you will return to Australia, so there's no real reason for USCIS to expedite your case based on that. Here's a link to the USCIS expedite criteria page - I don't think your case falls into any of those categories.

Good luck with your process and sorry to hear about your delay so far, I know it's frustrating. Hang in there!

I thought we can get k-1 visa petitions expedited based on medical grounds. Am I confused or can the OP request for expedite and see if it is approved?

You're right, OP's friend can request an expedite based on his current medical condition. It's worth a try, there's nothing to lose by doing so. There just aren't any guarantees that an expedite will be approved, but it's still worth requesting one.

I wish surgery was an option. They can only treat him with chemicals, so his prognosis is not so great. He has no family near to care for him; getting Beng here is so very important.

I really hope something can be arranged so they can be together soon, it sounds like a terrible situation for everyone involved.

We've sent our I-129f to VSC, we weren't using the updated downloadable files so the mailing address was not the lockbox yet. The docs were still good as per the USCIS webpage states. We sent it Oct. 2010 and we got out NOA1 on Oct. 22. We're still waiting for NOA2 until now. We called USCIS last end of March and they said we have to wait another 41 days. Another couple who were doing the same thing sent theirs 2 week behind us but they already got their NOA2 last March 29, they sent it to Texas.

We're just getting anxious that there might be something wrong, maybe gotten lost or something, that's why we haven't gotten our NOA2. They didn't return our application so we were thinking that despite the confusion in the address it was still accepted.

Wondering if other people experienced this and what they did about it.

Thanks...

You have your NOA1 so your packet was accepted - as someone else said they would've returned it to you if they hadn't accepted it. VSC are just really slow - hope you get your NOA2 very soon!

You all were very helpful before and I thank you. My friend is in the K1 process with his girl and was getting antsy.

Everything went really bad this week. He had a heart attack last week and didn't know it. He went to the doctor on Monday and was hospitalized from there. He will not be going back to the Philipines to collect his wife; she is very upset that she cannot be here with him.

The attorney hasn't answered me on how long it takes to get an emergency VISA. I don't know that she knows.

Has anyone here been through that? How long does it take? Any clue? A tiny clue is better than none at all. I have none...

Thank you,

Robin

Sorry to be pedantic but is she his wife or fiancée? A K-1 visa is a fiancée visa.

Do you know what stage they're at with the visa? If it's the USCIS stage your friend can request an expedite - he would need to provide proof of his medical condition and even then there's no guarantee it would be approved. If they're past that stage (if they already have their NOA2) then I'm not sure if there's any way to speed up the process. Maybe someone else will be along soon who has experience with this kind of thing.

So, how did your meeting go today? I'm sure we're all interested to hear what happened!

Here is the scenario:

-Found out the ex-wife is seeing someone else Jan of 2009. Tried to work it out, but to no avail.

-Oct 2009 the ex-wife moves out.

-Apr 2010 I tell my ex-wife I am filing for divorce

-May 2010 I meet my Fiancee and have on going relationship

-Jul 2010 I file the divorce papers

-Oct 2010 I visit her and spent 3 weeks w/ her and we got engaged

-Mar 23,2011 the divorce is final

-April 1, 2011, I filed the I-129F, CSC, (in review status)

I have read a post by someone who got their Visa denied because the CO said you cannot be married and engaged at the same time.

I believe the beneficiary was from Colombia. Is this a standard operating procedure for CO's or does it depend on the beneficiary's country?

Any insight is appreciated. I just can't believe you would be denied for that reason even though you've been separated.

You shouldn't have any problems because of the date your divorce was made final, it should be fine. Shawn filed the I-129F about 3 months after my divorce was made final, we'd been together longer than that obviously but my ex and I were separated long before I even filed for the divorce. It was never mentioned at my interview, I gave them the divorce decree and that was that. Good luck with your process!

Thumbs up I agree 1000%. It's not even necessary to build walls or fences with Mexico..doctors should be allowed to report illegals as soon as they show up in a hospital and stupid Arizona should stop giving Driving licenses like If they were candies. Let's cut the politically correct Bullshit on this..in New Jersey I can't even count anymore how many have an Arizona driving license. It pisses me off to unbelievable levels. Let's not even mention all the thousands of scammers in the K-1 and CR-1 applications that only accomplished to ruin the life of their US fiancè/e or spouse and made the process way more slow and difficult for the honest couples.

That's strange - I had to provide lots of proof of being here legally to get a driver's license in AZ. Even just to get a State ID when I first arrived, they took copies of my visa, I-94 and took my SSN, then the ID was only valid until my I-94 date.

You are also finding ut that the NOA2 is not the end, it is not even the middle. We waited longer from NOA2 to interview than for the NOA2 itself. Your results could vary

It was the same for us, the wait after the NOA2 for interview was twice as long as the wait for the NOA2 itself. Not saying that will be the case for the OP though - but it can take a while.