Jump to content
FaustInAK

Is it an issue if I am in the US when our case is approved?

 Share

19 posts in this topic

Recommended Posts

Hi everyone,

I am an October filer and I have seen that the first October filer had been approved by CSV. Pretty good news!!!

However, I have a question about that:

I am going to visit my boyfriend in Alaska, from March 12th to beginning of May. I am very very excited about that, but I realize now that (hopefully) our case should be approved by the time I come back to France and I wonder if it could be an issue or not. I mean, once the case has been approved, will I have to come back to my country right after?? Am I allowed to be in the US once the case is approved?

You see, the timeline says that it should get approved arounf mid-April... And I will still be in the US at this time.

Do you think it could be a problem??

A couple more questions...

I don't really know what will happen once we are approved. I understand that the USICS will send our case to NVC and then to the Embassy in France. Am I right? How long does it usually take? A coulpe weeks or months???

I will then receive papers from the US Embassy in Paris, explaining all what I need to provide the day of the interview. Still right? Is it I who will have to call the Embassy to get a interview or are they going to call me to tell me when to come?

Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

Thanks for your help!!!

Have a very good day.

Faustine

K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
Hi everyone,

I am an October filer and I have seen that the first October filer had been approved by CSV. Pretty good news!!!

However, I have a question about that:

I am going to visit my boyfriend in Alaska, from March 12th to beginning of May. I am very very excited about that, but I realize now that (hopefully) our case should be approved by the time I come back to France and I wonder if it could be an issue or not. 1)I mean, once the case has been approved, will I have to come back to my country right after?? Am I allowed to be in the US once the case is approved?

You see, the timeline says that it should get approved arounf mid-April... And I will still be in the US at this time.

Do you think it could be a problem??

A couple more questions...

I don't really know what will happen once we are approved. I understand that the USICS will send our case to NVC and then to the Embassy in France. Am I right? 2)How long does it usually take? A coulpe weeks or months???

3)I will then receive papers from the US Embassy in Paris, explaining all what I need to provide the day of the interview. Still right? Is it I who will have to call the Embassy to get a interview or are they going to call me to tell me when to come?

4)Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

Thanks for your help!!!

Have a very good day.

Faustine

1) If you are in the USA when your petition is approved you are under no obligation to leave immediately. You must leave on or before the expiratio of you I-94

2) Could be a couple weeks to a month plus... each petition seems to act a little differently

3) You still have not applied for a visa. The consulate will send you an application packet that you must prepare and return.

4) 90 day marriage requirement occurs upon day of entry on K-1 visa

YMMV

Link to comment
Share on other sites

Filed: Citizen (pnd) Country: France
Timeline
Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

3 months? i was thinking that the K1 is 6 months.

******************************************
Richard & Chantal

"We are each of us angels with only one wing. And we can only fly while embracing each other."


.png

Link to comment
Share on other sites

Filed: AOS (apr) Country: Philippines
Timeline
Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

3 months? i was thinking that the K1 is 6 months.

People will confuse the different "clocks". The visa has 6 mos. validity "clock" from date of issuance to US entry... upon entry a new 90 day "clock" begins before marriage must occur.

YMMV

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

3 months? i was thinking that the K1 is 6 months.

People will confuse the different "clocks". The visa has 6 mos. validity "clock" from date of issuance to US entry... upon entry a new 90 day "clock" begins before marriage must occur.

Yes, two separate clocks but the first clock dies at US entry. Once you're in the US, the six months validity is a moot point. Only the 90 day clock is meaningful after entry. One time entry is authorized by the visa. Staying is authorized by the I-94.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline
Hi everyone,

I am an October filer and I have seen that the first October filer had been approved by CSV. Pretty good news!!!

However, I have a question about that:

I am going to visit my boyfriend in Alaska, from March 12th to beginning of May. I am very very excited about that, but I realize now that (hopefully) our case should be approved by the time I come back to France and I wonder if it could be an issue or not. I mean, once the case has been approved, will I have to come back to my country right after?? Am I allowed to be in the US once the case is approved?

You see, the timeline says that it should get approved arounf mid-April... And I will still be in the US at this time.

Do you think it could be a problem??

A couple more questions...

I don't really know what will happen once we are approved. I understand that the USICS will send our case to NVC and then to the Embassy in France. Am I right? How long does it usually take? A coulpe weeks or months???

I will then receive papers from the US Embassy in Paris, explaining all what I need to provide the day of the interview. Still right? Is it I who will have to call the Embassy to get a interview or are they going to call me to tell me when to come?

Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

Thanks for your help!!!

Have a very good day.

Faustine

Ok....Theres is NO problem at all if you are in US while you receive your NOA2 (notice of approval )...I was in US visiting my fiance when we did receive ours last feb 7th. and NO you dont have to go back right away after its been approved.

From the time you recieve your NOA2 ...it can takes severals weeks before they transfert it to NVC or few days it really depends on how fast they are.

Personnaly ours havent been recieved by NVC yet and its 2 weeks now. Either you or your fiance can call the NVC center a week after you get the NOA2 to check if they recieved your case or not and base check with them ( that will give you then an idea of when youll have to go back in France )

Once the embassy get your case...youll get the packet 3(couple days or weeks later) which you gonna have to resend back to them (papers they ask you like police certificate, birth certificate, 134 "affivadit of support"....)

If i may suggest..I'd get everything ready for packet 3 before your departure ( that will give you some peace of mind during your trip )

Once your gonna send the packet 3 back...few days later or weeks depends on the embassy youll get the packet 4 to schedule your interview and medical.

The NOA2 isnt your visa so theres no limit time to be in US at that time...Its only once you get your visa k-1 in hands which gonna be issue by your embassy and not USCIS then you got 6 months to go back in US and once you are in US you got 3months ( 90 days) to get marry.

So I wish you an approval soon and a very nice trip. (F)

Link to comment
Share on other sites

1) If you are in the USA when your petition is approved you are under no obligation to leave immediately. You must leave on or before the expiratio of you I-94

2) Could be a couple weeks to a month plus... each petition seems to act a little differently

3) You still have not applied for a visa. The consulate will send you an application packet that you must prepare and return.

4) 90 day marriage requirement occurs upon day of entry on K-1 visa

Thanks a lot for your answer.. This is very clear. I am relieved that I won't have to leave the US fter getting approved... Do you know why exactly the case is sent to NVC before going to the Embassy? Do they do something with it or they just forward the package to the Embassy??

Thanks!

K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

Link to comment
Share on other sites

Ok....Theres is NO problem at all if you are in US while you receive your NOA2 (notice of approval )...I was in US visiting my fiance when we did receive ours last feb 7th. and NO you dont have to go back right away after its been approved.

From the time you recieve your NOA2 ...it can takes severals weeks before they transfert it to NVC or few days it really depends on how fast they are.

Personnaly ours havent been recieved by NVC yet and its 2 weeks now. Either you or your fiance can call the NVC center a week after you get the NOA2 to check if they recieved your case or not and base check with them ( that will give you then an idea of when youll have to go back in France )

Once the embassy get your case...youll get the packet 3(couple days or weeks later) which you gonna have to resend back to them (papers they ask you like police certificate, birth certificate, 134 "affivadit of support"....)

If i may suggest..I'd get everything ready for packet 3 before your departure ( that will give you some peace of mind during your trip )

Once your gonna send the packet 3 back...few days later or weeks depends on the embassy youll get the packet 4 to schedule your interview and medical.

The NOA2 isnt your visa so theres no limit time to be in US at that time...Its only once you get your visa k-1 in hands which gonna be issue by your embassy and not USCIS then you got 6 months to go back in US and once you are in US you got 3months ( 90 days) to get marry.

So I wish you an approval soon and a very nice trip. (F)

Many thanks for that!! You seem to know pretty well about packet 3, so may I ask you another question about police certificate? I haven't been able to find any answers to my questions... I understood that I will need a police certificate from the places I have lived in since I am 16. But by places, do they mean city or country?? I sound like here in France, it is a national thing, so I should get only on paper, even if I have lived in a bunch of different cities in France... So I am kind of confused.

Thanks for your precious help.

K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

Link to comment
Share on other sites

Last question: Once they grant me the visa, does the 3 month validity start the day of the approval or the day I come in the US under the K1 visa??

3 months? i was thinking that the K1 is 6 months.

People will confuse the different "clocks". The visa has 6 mos. validity "clock" from date of issuance to US entry... upon entry a new 90 day "clock" begins before marriage must occur.

Yes, two separate clocks but the first clock dies at US entry. Once you're in the US, the six months validity is a moot point. Only the 90 day clock is meaningful after entry. One time entry is authorized by the visa. Staying is authorized by the I-94.

Hey!! Thanks for this information, I didn't know about the first 6 month clock. I heard or read only about the 3 month validity once you get in the US... At least this gives a little time to organize the trip to the US... :thumbs:

Merci!!

K1 journey:

I129F sent mid-october 2007

I129F received by CSV: 10/19/07

NOA1 received early March and NOA2 received on March 19th!! We got APPROVED!!

File received by NVC and sent to US Embassy in Paris: 03/10/2008

05/06/2008: I sent the packet 3 to the embassy.

05/22/2008: Packet 4 received!

06/10/2008: Medical examination in Paris.

06/17/2008: INTERVIEW: Visa approved!!

08/31/2008: WEDDING

AOS journey:

09/05/2008: AOS/EAD/AP sent to Chicago

09/11/2008: Notice date for I-485, I-131 and I-765

10/16/2008: SSA finally gave me a SSN!!

11/17/2008: AP received and EAD approved!

11/20/2008: Biometrics appointment AND Green card interview in Fairbanks.

12/29/2008: I went to my local office to regive my biometrics. And my EAD card has finally been issued!!

01/12/2009: EAD received!! Finally

02/09/2009: GC received in the mail :) Anniversary is 01/29/11

Removal of conditions:

11/09/10: Divorced

11/18/10: Sent I-751 to CSV

11/30/10: Receipt notice received in the mail

12/30/10: Called USCIS as no news for 1 month after NOA1

1/10/11: Emailed from USCIS about my call: "The process for fingerprint appointment scheduling has been requested."

1/13/11: NOA2 ASC appointment notice

2/3/11: Biometrics at local office (NOA2 recieved on 2/2/11!!!)

2/16/11: Date of decision: APPROVED

2/24/11: Card in hand

Link to comment
Share on other sites

Filed: Citizen (apr) Country: Canada
Timeline

The security clearances should be for every country in which you have lived, so if you have only lived in France, the security clearance will be for the whole country. If you had also lived, for example, in Belgium for more than 6 months since turning 16, then you would also require a clearance for Belgium as well.

“...Isn't it splendid to think of all the things there are to find out about? It just makes me feel glad to be alive--it's such an interesting world. It wouldn't be half so interesting if we knew all about everything, would it? There'd be no scope for imagination then, would there?”

. Lucy Maude Montgomery, Anne of Green Gables

5892822976_477b1a77f7_z.jpg

Another Member of the VJ Fluffy Kitty Posse!

Link to comment
Share on other sites

Filed: Other Country: China
Timeline
Ok....Theres is NO problem at all if you are in US while you receive your NOA2 (notice of approval )...I was in US visiting my fiance when we did receive ours last feb 7th. and NO you dont have to go back right away after its been approved.

From the time you recieve your NOA2 ...it can takes severals weeks before they transfert it to NVC or few days it really depends on how fast they are.

Personnaly ours havent been recieved by NVC yet and its 2 weeks now. Either you or your fiance can call the NVC center a week after you get the NOA2 to check if they recieved your case or not and base check with them ( that will give you then an idea of when youll have to go back in France )

Once the embassy get your case...youll get the packet 3(couple days or weeks later) which you gonna have to resend back to them (papers they ask you like police certificate, birth certificate, 134 "affivadit of support"....)

If i may suggest..I'd get everything ready for packet 3 before your departure ( that will give you some peace of mind during your trip )

Once your gonna send the packet 3 back...few days later or weeks depends on the embassy youll get the packet 4 to schedule your interview and medical.

The NOA2 isnt your visa so theres no limit time to be in US at that time...Its only once you get your visa k-1 in hands which gonna be issue by your embassy and not USCIS then you got 6 months to go back in US and once you are in US you got 3months ( 90 days) to get marry.

So I wish you an approval soon and a very nice trip. (F)

Many thanks for that!! You seem to know pretty well about packet 3, so may I ask you another question about police certificate? I haven't been able to find any answers to my questions... I understood that I will need a police certificate from the places I have lived in since I am 16. But by places, do they mean city or country?? I sound like here in France, it is a national thing, so I should get only on paper, even if I have lived in a bunch of different cities in France... So I am kind of confused.

Thanks for your precious help.

If you've only lived in France, it's one certificate. One for each country you lived more than (six months or a year depending on Consulate) since age 16.

Facts are cheap...knowing how to use them is precious...
Understanding the big picture is priceless. Anonymous

Google Who is Pushbrk?

A Warning to Green Card Holders About Voting

http://www.visajourney.com/forums/topic/606646-a-warning-to-green-card-holders-about-voting/

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline

Bonjour Faustine !!

Je parle aussi francais (QC/ Canada).

Oui tu as besoin d'un seul certificat national pour chaque pays dans lequel tu as vecu depuis l'age de 16 ans.

Donc...si tu as vecu en France uniquement, le certificat national fera amplement l'affaire..Tu peux le commander des maintenant comme ca tu l'auras a ton retour.

Le reste des documents c'est ton amoureux qui les remplira et il peut le faire durant ton sejour aux US et te les remettre avant ton depart pour la France.

Bonne chance a toi et n'hesite pas a poser d'autre question.

Translation for other VJ members lol

Yes she needs only the nation police certificate for every country she lived in since age 16. She can order it now so she would have it once shes back in France from her trip in US. The rest of papers its gonna be her fiance whos gonna fill tem and he can do it while shes visiting him and give them to her for her return in France.

Good luck and do not hesitate if you have any questions

(F)

Bonjour Faustine !!

Je parle aussi francais (QC/ Canada).

Oui tu as besoin d'un seul certificat national pour chaque pays dans lequel tu as vecu depuis l'age de 16 ans.

Donc...si tu as vecu en France uniquement, le certificat national fera amplement l'affaire..Tu peux le commander des maintenant comme ca tu l'auras a ton retour.

Le reste des documents c'est ton amoureux qui les remplira et il peut le faire durant ton sejour aux US et te les remettre avant ton depart pour la France.

Bonne chance a toi et n'hesite pas a poser d'autre question.

Translation for other VJ members lol

Yes she needs only the nation police certificate for every country she lived in since age 16. She can order it now so she would have it once shes back in France from her trip in US. The rest of papers its gonna be her fiance whos gonna fill tem and he can do it while shes visiting him and give them to her for her return in France.

Good luck and do not hesitate if you have any questions

(F)

Link to comment
Share on other sites

Nope, she's the one who needs to fill in the papers from the embassy. He will need to give her the financial paperwork proving he can support her, but she is the one who is applying for the visa, so she is the one responsible for the paperwork.

Timeline

AOS

Mailed AOS, EAD and AP Sept 11 '07

Recieved NOA1's for all Sept 23 or 24 '07

Bio appt. Oct. 24 '07

EAD/AP approved Nov 26 '07

Got the AP Dec. 3 '07

AOS interview Feb 7th (5 days after the 1 year anniversary of our K1 NOA1!

Stuck in FBI name checks...

Got the GC July '08

Link to comment
Share on other sites

Filed: K-1 Visa Country: Canada
Timeline
Nope, she's the one who needs to fill in the papers from the embassy. He will need to give her the financial paperwork proving he can support her, but she is the one who is applying for the visa, so she is the one responsible for the paperwork.

Who's filling out I-134 ?? :wacko:

Who's giving her tax return?? :huh:

who's giving her employer and bank statements ?? :huh::wacko:

Ya right....her fiance (USC) and its what I meant by other papers shell needs to bring with her..

thank you to read a lil more next time (F)

Link to comment
Share on other sites

 
Didn't find the answer you were looking for? Ask our VJ Immigration Lawyers.

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
- Back to Top -

Important Disclaimer: Please read carefully the Visajourney.com Terms of Service. If you do not agree to the Terms of Service you should not access or view any page (including this page) on VisaJourney.com. Answers and comments provided on Visajourney.com Forums are general information, and are not intended to substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. Visajourney.com does not endorse, and expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned or any opinion expressed in answers or comments. VisaJourney.com does not condone immigration fraud in any way, shape or manner. VisaJourney.com recommends that if any member or user knows directly of someone involved in fraudulent or illegal activity, that they report such activity directly to the Department of Homeland Security, Immigration and Customs Enforcement. You can contact ICE via email at Immigration.Reply@dhs.gov or you can telephone ICE at 1-866-347-2423. All reported threads/posts containing reference to immigration fraud or illegal activities will be removed from this board. If you feel that you have found inappropriate content, please let us know by contacting us here with a url link to that content. Thank you.
×
×
  • Create New...