Oscar and Natalie

Hello,

Today we received an email from USCIS that our card has been sent for production. Question: About how long did it take for you all to receive it in the mail. We are really relieved but would like to know on average how long does it take to receive it in the mail. Also, is it sent priority mail?

Thanks,

Oscar and Natalie

Its not recommended to be gone longer than 6 months and if she will be gone 1 year she needs to apply for a reentry permit before she leaves.

I notice in your timeline it says "Touch", what does this mean?

If she leaves with the AP and returns without the physical GC, she will use the AP to re-enter. Even if the GC has been issued while she was abroad, she can still be paroled back into the country. Though the IOs at POE can see on their computer that she was in fact issued a GC, they cannot admit her as an LPR unless she actually has the physical GC with her.

FedExing it is an option, but it's a bit risky. First of all, things get lost in the mail all the time, and GCs are valuable goods that get stolen while in transit all the time. I also believe it's actually illegal to mail it.

I had my interview in NYC on July 20th, left back to Finland on July 21st and was approved on July 22nd. My GC obviously arrived while I was abroad. I returned using my AP without any issues even though my GC had been issued, and was paroled back into US. Next time I leave, I will obviously return as an LPR.

As long as she has her AP (and no previous overstays to worry about), she should be fine to travel.

Are there any limitations that you are aware of regarding length of time staying outside the country, and then attempting to be paroled back into the country. Is this information contained on the AP document?

Thanks,

Oscar and Natalie

Hello VJ,

It seems every time I come up with a difficult situation in this journey with my wife I ask VJ what they think, and usually I always feel better. So, here it is.

I just received notice today that my wife (K-1 visa, I-485 adjustment of status application) was transferred to CSC for processing. From what I gather this is a very good thing. It typically take 2-3 months to reach a decision. Ideally, we would like it if it only took 2 months on the dot front this point to receive green card in hand, and of course less time would be ideal. I am a member of the armed forces, and would be leaving the country on deployment in November. My wife would like to travel to her native peru either before or after I leave. From what I understand many cases which are transferred to the CSC usually do not require an interview, but then again some might.

I'm throwing this hypothetical situation out there to get your feedback on. Lets say the time has come for me to leave, and at that point we have received the combo EAD/AP card in the mail, and are waiting for the GC to arrive (We have received official notification from USCIS that the case was approved, but GC has not been sent for production). At that moment would it be okay for her to leave the country to be with family while I'm on deployment away from the country without having received the green card? Next question: When returning to the US, what document would she present to the POE officer considering she left after receipt of AP card, but before receipt of GC? Of course, I would make arrangements to have her GC DHL'ed/Fed-exed to her after she had left the country.

Thanks,

Oscar and Natalie

She will just be traveling and will be gone for less than 6 months. Which is the length of my deployment. Is it really possible to get approved for a marriage based AOS (Entered as K-1, then married American citizen) without having to go through an interview? It was always my understanding that all went through an interview prior to issuance of green card. Then again, I guess some interviews are required after initial review may turn up some fraud indicators and/or concerns regarding the intending immigrants situation.

Thanks for the reply! I'm learning everyday with this process.

Hello VJ,

My wife (Peruvian citizen) and I recently got married on 06/18/2011 (after she entered POE Ft. Lauderdale on 06/15/2011). We sent the full packet (I-485, I-131, and I-765) on 10 July 2011. NOA1 was received confirmed for each of the aforementioned applications on 2 Aug 2011 (Each NOA1 dated 29 July 2011). We received our biometrics appointment on or around 02 Aug 2011 (scheduled for 30 Aug 2011). We have since completed the biometrics appointment and are awaiting further processing.

I'm fairly sure that we have included each and every necessary item to accompany the packet, which in most cases decreases the chances of receiving an RFE, but as is the mantra with this process: "You never know". I have kept an open mind throughout this process, and have always been thorough and calculated with everything that has been submitted for my wife.

Today, we reviewed our case on "check my case status" on www.uscis.gov, and today showed the following message:

On September 7, 2011, we transferred this case I485 APPLICATION TO REGISTER PERMANENT RESIDENCE OR TO ADJUST STATUS to our CALIFORNIA SERVICE CENTER location for processing and sent you a notice explaining this action. Please follow any instructions provided on the notice. We will notify you by mail when a decision is made. If you move while this case is pending, please use our Change of Address online tool to update your case with your new address or call our customer service center at 1-800-375-5283.

As I understand it, this application was at the Midwest Service Center in Missouri, but as of today has been forwarded to the California Service Center for further processing (IE background checks, etc.), and it's possible it was transferred there due to a backlog of applications at the MSC.

Additionally, I am in the Armed Forces, and submitted a request from my boss to expedite the review of the case due to an upcoming deployment which would be in the best interest of my branch of service, and therefore the US Govt. This of course is based on the fact that I (the US citizen, Armed Forces member) would endure great hardship deploying while this process is running it's course. After all I would be in a deployed environment worrying about my wife here at home, who is still experiencing the culture shock of living in a new country. This of course only being the second time she has been to the US (previously on a J-1 Visa). Our plan was to have her travel back to her native peru after receiving the green card in the mail (ideal scenario: she receives her GC, and then travels before I ship out).

My question, what is the likelihood that this application would be expedited due to the circumstances stated? What is the next step? How soon could we expect to see a notification of appointment for an interview at our local USCIS office? Any help, or opinions, or comments is greatly appreciated.

Thanks,

Oscar and Natalie

Prior to approval/receipt of the I-551, Green Card (I-485, I-765, & I-131 have been filed), if I-131, Application to Travel Document, is issued/authorized (Advance Parole) and possessed by Alien, can said alien travel overseas and return with Advance Parole document even though Form I-551, Green Card has already been issued, or would an application for a re-entry permit need to be applied for after Green Card is issued? Also, how many entries is the AP document good for?

So I just received a NOA2 for my I-129F Petition. Just wondering what the procedure is now. How will I be notified that the NVC has received the package and how will I be notified when the Consulate has received my package. Will I also receive the instructions that my fiance will receive. Any insight into this portion of the journey would be greatly appreciated.

Oscar

How can you have filed a K-1 and not consider yourself already engaged?

Because we have every intention of getting married I just haven't officially got down on my knee. Make sense?

i just tried to look at mine objectively. i thought, if someone gave me this stack of info, and i'm trying to make sure they aren't just staging this to look real, would this convince me otherwise?

Well the way I look at the whole K-1 Process is you have to prove the following things with "clear and convincing evidence":

1) You've met in the last 2 years

2) You each are legally able to marry, and both have the intent to marry one another after beneficiary entering into the US on a K-1 Visa.

3) You have an on-going relationship

So I just pretty much did the exact same thing you did (took an objective look) and just made sure I satisfied all the conditions under Immigration Law.

Oscar

I submitted (25) pictures, facebook pages, and in one picture on facebook many friends commented that "they better get an invite to the wedding" to which Natalie replied..."absolutely no problem" somewhat further proving our intent to marry is genuine. I submitted emails, chats, tickets for trips we took in Peru, and then evidence of a trip we took to Colombia.

Thanks for the Info!!

Oscar

I have a question about the I-129F process. I just submitted the application for the petition. I have some things that keep running through my head. For the "proof of an on-going relationship" requirement...I submitted copies of our facebook pages where it says "in a relationship", and I've submitted letters of our intent to marry one another upon her entering the country on the K-1 visa. My question is this: is the fact that our facebook relationship status is "in a relationship" grounds for denying a I-129F petition during adjudication? I'm really nervous about this because they only make decisions based on the information provided which I feel I have done. Any thoughts?

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It isnt a question of smart. You have petitioned for a K 1 visa for her. She will apply for a tourist visa. The fact that there is a pending petition will become part of the process of getting her tourist visa.

You already know the important aspect is proving the strongest ties. If she can do that she could be issued a tourist visa.

The problem then becomes what will happen at the POE. Its up to the officer there to decide if she can enter. That officer will know there is a pending petition. Her entry will depend on the officers discresion.

There is no way to know what would happen until she applies for the tourist visa & is interviewed. There have been cases here on V J where a tourist visa was issued in a similar circumstance.

The outcome will have a lot to do with what country she is coming from.

I appreciate the information. But in the application for the tourist visa that she filled out tonight..it talks about the purpose of the visit. She marked "visit a friend". Would it have been better to fill in "other" and then provide the explanation about the I-129F petition. Also, how should we refer to one another. Cause as of right now she's my Girlfriend and together we have every intention of getting married upon her entry to the US on the K-1 visa, and I haven't exactly proposed yet but I definitely plan on doing in the very near future (two months). So, just wondering how I should refer to her. I'm thinking I will always refer to her as a fiance because we will get married. It's just a matter or when.

Thanks,

Oscar

Also, provided the B2-tourist visa is issued, just be cognizant of the I-94 departure and arrival requirements. So that your fiance doesn't overstay their visa. That would also affect a K-1.

I just submitted a I-129F, petition for alien fiance, last week - 11/4/2010. My fiance has expressed interest in coming to visit me for Christmas/New Year's. I was thinking that she could apply for a B2 visa to enter the country as a tourist (then return at the end of her visit). I know the requirements of a B2: she has to show she has strong ties and intends to return abroad. My question for everyone, is it "smart," or admissible to apply to consulate for a Tourist Visa when a I-129F is in the preliminary stages of being adjudicated at the TSC? Just want to do things right!

Thanks everyone!!