Jump to content

17 posts in this topic

Recommended Posts

Filed: K-1 Visa Country: Italy
Timeline
Posted

Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

Consulate : Naples, Italy

I-129F Sent : 2008-10-28

I-129F NOA1 : 2008-11-07

I-129F NOA2 : 2009-01-23

NVC Received :

NVC Left : 2009-01-23

Consulate Received : 2009-01-26

Packet 3 Received : 2009-01-28

Packet 4 Received : 2009-06-22

Interview Date : 2009-07-21

Filed: Other Country: China
Timeline
Posted
Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

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/

Filed: K-1 Visa Country: Italy
Timeline
Posted
How does his overseas job provide health insurance for you and your children in the US?

I'm only asking this because it doesn't sound usual at all, and I'm wondering if you have fully analyzed your situation.

No offense.

Fair question. His health insurance has international coverage. So our kids and I (as his recognized domestic partner) are covered even here in the US.

Consulate : Naples, Italy

I-129F Sent : 2008-10-28

I-129F NOA1 : 2008-11-07

I-129F NOA2 : 2009-01-23

NVC Received :

NVC Left : 2009-01-23

Consulate Received : 2009-01-26

Packet 3 Received : 2009-01-28

Packet 4 Received : 2009-06-22

Interview Date : 2009-07-21

Filed: K-1 Visa Country: Italy
Timeline
Posted
Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

Consulate : Naples, Italy

I-129F Sent : 2008-10-28

I-129F NOA1 : 2008-11-07

I-129F NOA2 : 2009-01-23

NVC Received :

NVC Left : 2009-01-23

Consulate Received : 2009-01-26

Packet 3 Received : 2009-01-28

Packet 4 Received : 2009-06-22

Interview Date : 2009-07-21

Filed: Other Country: China
Timeline
Posted
Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

The only guarantee is that if he arrives on a K1 and leaves without AP, he won't be allowed back in until he has a spouse visa. That entails starting over again. I've seen emergency AP granted with far less justification than you have. On the other hand, you could delay the visa interview and then he has six months after visa issue to actually use the visa to enter the USA.

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/

Filed: Other Timeline
Posted

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

The only guarantee is that if he arrives on a K1 and leaves without AP, he won't be allowed back in until he has a spouse visa. That entails starting over again. I've seen emergency AP granted with far less justification than you have. On the other hand, you could delay the visa interview and then he has six months after visa issue to actually use the visa to enter the USA.

He's going to have to file to adjust his status to be granted an Advance Parole document.

Really, there's no way he can have an AP document within two weeks.

If your man has the kind of job that gives him international health cover, I'm wondering if he might be highly employable in the US.

Filed: Other Country: China
Timeline
Posted

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

The only guarantee is that if he arrives on a K1 and leaves without AP, he won't be allowed back in until he has a spouse visa. That entails starting over again. I've seen emergency AP granted with far less justification than you have. On the other hand, you could delay the visa interview and then he has six months after visa issue to actually use the visa to enter the USA.

He's going to have to file to adjust his status to be granted an Advance Parole document.

Really, there's no way he can have an AP document within two weeks.

If your man has the kind of job that gives him international health cover, I'm wondering if he might be highly employable in the US.

Yes, he would have to file AOS to request emergency AP. Within two weeks does not sound practical unless the local office would accept the filing in person for AOS and emergency AP together. Even then, it's cutting things very tight. He would also need to return for biometrics and the AOS interview both potentially on pretty short notice.

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/

Filed: Other Country: Morocco
Timeline
Posted

Rebeccajo and pushbrk have waaaaay more experience than me, but I'm wondering why the answer wasn't expounded on more. In addition to needing the AOS and AP, which is no way going to happen in 2weeks, won't he need to wait for one of them to come before he leaves? What if they get selected for interview and he is not here? The EAD seems like a waste of money since it's only good for a year? Or is it now part of the package? It seems to me that a lot more thought needs to be put into this situation and that in the big picture, what the OP is thinking is not going to work.

Maggie

08-07-06 I129 NOA1

02-05-07 Visa in Hand

02-13-07 POE JFK w/temp EAD

02-23-07 Civil Marriage

06-17-07 Wedding

08-13-07 Card received in mail

04-14-09 Trip to Maui for Anniversary

06-04-09 Filed to lift conditions

08-13-09 Perm Card received

Filed: Other Timeline
Posted
Rebeccajo and pushbrk have waaaaay more experience than me, but I'm wondering why the answer wasn't expounded on more. In addition to needing the AOS and AP, which is no way going to happen in 2weeks, won't he need to wait for one of them to come before he leaves? What if they get selected for interview and he is not here? The EAD seems like a waste of money since it's only good for a year? Or is it now part of the package? It seems to me that a lot more thought needs to be put into this situation and that in the big picture, what the OP is thinking is not going to work.

:P

Well, I'm not expounding because actually I'm moving back and forth from the PC to the bathroom (we're getting ready to go out).

Like Push said, the local office could grant an emergency AP and (so far as I know) they hand you the document. So the OP wouldn't have to wait for it to arrive. But it is PRETTY unlikely any of this could happen within two weeks.

And.......this isn't really what Advance Parole is for. Effectively the OP's spouse would be living in his home country and counting on traveling on a document that 'paroles' him (rather than 'admits' him) into the country. I wonder how many times he could use AP before he might get turned around..........

Unfortunately this sounds like the type of scenario where K3 would have been the best choice (because it is multiple entry and because EAD can be had without adjusting status). That's armchair quarterbacking though and doesn't really help the OP.

I'm thinking they should do as Push says, which is delay coming into the US as long as possible.

Posted

I was under the impression that the beneficiary had to live in the U.S. for at least 6 months out of the year? Even if he comes back to visit every 2 months, that doesn't sound feasible. Someone correct me if I'm wrong, though.

I agree that the easiest way seems to be to drag out the K1 process as long as possible while you search for a new job. Best of luck!

Timeline:

K-1

07/30/08- I-129F was delivered to Vermont

08/11/08- NOA1

12/14/08- NOA2

02/11/09 Interview (Approved!)

03/07/09 POE at JFK

03/13/09 Married!

AOS

04/08/09- NOA1 for AOS and EAD (we didn't apply for AP)

04/22/09- Case Transferred to CSC

04/24/09- Biometrics Appointment

05/22/09- EAD card production ordered

05/29/09- EAD approval notice sent

06/01/09- EAD arrived in the post

06/18/09- I-485 RFE notice via email

06/25/09- I-485 RFE notice via mail

(They wanted him to redo medical exam- they must've lost it. They also wanted a copy of our marriage certificate, even though we included that in our original submission.)

07/03/09- Medical exam (second one this year grrr!)

07/06/09- I-485 RFE response mailed back to CSC via USPS

07/08/09- I-485 RFE response package delivered at CSC

07/10/09- I-485 Case Processing Resumed (CRIS email)

07/16/09- I-485 Card Production Ordered

07/21/09- I-485 Approval Notice Sent

07/24/09- Green card received in the post!

metrom.jpg

Filed: Other Country: Morocco
Timeline
Posted

Yes I had forgot that someone recommended that over the AP route. Hope things work out for them, whatever they choose. This economy sucks and I would imagine it's impacting a lot of couples, especially if they have to submit that affidavit of support at the interview.

Maggie

08-07-06 I129 NOA1

02-05-07 Visa in Hand

02-13-07 POE JFK w/temp EAD

02-23-07 Civil Marriage

06-17-07 Wedding

08-13-07 Card received in mail

04-14-09 Trip to Maui for Anniversary

06-04-09 Filed to lift conditions

08-13-09 Perm Card received

Filed: Citizen (apr) Country: Ukraine
Timeline
Posted
Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

Not true. We have already disussed this with the USCIS in our case. My wife's son stayed behind for college. He will come here in July (within one year of her K-1 issuance) and we will immediately adjust status and apply for an "emergency" AP. We have been told we will be granted this emergency AP before he needs to return to Russia for the university in late August and that they will further, try to get his biometrics and interview done before he leaves, but at minimum, he will get the AP and be able to finish the AOS when he returns next summer, 2010, worst case. Best case, they will get the interview done (hey, ours took less than two months from filing) and they will send his green card to the embassy in Moscow for him to pick up.

Best bet is to be straight and upfront with your local office and they will try to help, at least that was our experience with both the Kyiv consulate and the local USCIS office. They have both been very helpful in coordinating this for us. You aren't doing anything wrong and they really have been very helpful in tryig to do this so our son doesn't miss any of his education.

VERMONT! I Reject Your Reality...and Substitute My Own!

Gary And Alla

Filed: Other Timeline
Posted
Dear VJ members,

First let me say thanks for all the info that I have been able to glean since starting this process. Now we're in a jam and really need some clarification and advice.

A couple of weeks ago we received Packet 3 from the consulate for the K1 Fiance visa. So the natural thing to do is get it done and send it in so that my fiance can schedule the interview asap and he comes over, right? Well, the US economy is so bad right now that we absolutely can't afford to have him leave his very good overseas job until things improve a little. (I've been laid off and having trouble finding a new job since no one is hiring. We have kids who live with me in the US so his job provides health insurance and financial support right now.)

So is pursuing the K1 Fiance visa the best option for our changed situation?? This is what we want to do while I continue to live in the US:

1) He enters the US on the proper (K1?) visa

2) We marry immediately

3) He files for the SS card and EAD

4) He immediately leaves the US and goes back to his job while the EAD is processing

5) He would settle permanently in US in mid 2010 but visit us every 2 months.

6) Be able to work immediately when he comes to live here.

Is this at all possible or am I asking for the moon? Please help! Any comments or suggestions would be VERY appreciated!

********

10/28/2008 Sent I-129 application to CSC

11/08/2008 Received NOA1

01/23/2009 Received NOA2

01/26/2009 Consulate received NOA2

01/28/2009 Packet 3 received by email from Consulate

***********

He would need to obtain Advance Parole before leaving or you would start the whole process over. However, he can apply for emergency AP at the nearest USCIS office.

Thanks. But I have heard that AP is only granted in emergency situations (like death or serous illness in the family) and can take a long time to receive anyway. He can't be away from his job for more than 2 weeks. If AP were granted, would he be able to come back to visit the US every two months until he moves here next year?

Not true. We have already disussed this with the USCIS in our case. My wife's son stayed behind for college. He will come here in July (within one year of her K-1 issuance) and we will immediately adjust status and apply for an "emergency" AP. We have been told we will be granted this emergency AP before he needs to return to Russia for the university in late August and that they will further, try to get his biometrics and interview done before he leaves, but at minimum, he will get the AP and be able to finish the AOS when he returns next summer, 2010, worst case. Best case, they will get the interview done (hey, ours took less than two months from filing) and they will send his green card to the embassy in Moscow for him to pick up.

Best bet is to be straight and upfront with your local office and they will try to help, at least that was our experience with both the Kyiv consulate and the local USCIS office. They have both been very helpful in coordinating this for us. You aren't doing anything wrong and they really have been very helpful in tryig to do this so our son doesn't miss any of his education.

Gary -

This is an interesting post.

Does your wife's son plan on traveling back and forth intermittently to the US during this time period?

I'm wondering because the common wisdom is not to be out of the country for longer than 6 months at a time.

And also - have you discussed this plan with an immigration attorney? No offense meant, but we do read postings here of applicants being told incorrect information at the Local offices (although this is much more infrequent than incorrect information being doled out by calling the I-800 number).

 
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...