K-1: help! EAD, booking flights, income, contact senator's office

[Marco + Hannah 0]

Hi guys,

My fiance (Italian) and I seem to be moving along in the I-129 visa petition. We received our NO2 on Feb 5, 2009 and today the NVC notified me that it is sending the documents on to the embassy in Naples.

I'm trying to figure out a bit of the logistics in order to be prepared for the next few steps so that my fiance and I don't become the reason that this long process takes even longer.

If anyone has answers to any of the following questions I would love to hear your input:

1) It sounds like it's not necessary for me to be present at my fiance's interview in Naples, although I would like to be there with him for support. I would also like to enter the US with him once the visa is issued.

Can I feel pretty secure about booking plane tickets for us both once we have the interview date? It seems like the embassy in Naples normally issues the visa on the same day as the interview. Granted one never can be 100% certain that there will not be any problems, but let's assume everything goes smoothly.

2) The VJ time-line page indicates that I should send original documents that were submitted with the original I-129 petition to my fiance after the NOA2 arrives. Is this for his interview or is it to be submitted with packet 3 or 4 (which we have not yet received). I'm asking because, if it's for the interview, I will just bring them with me, but if they are to be sent with the packets, I want to send them ASAP.

3) The VJ site also indicates that certain airports have EAD forms at their POE. I see that this type of EAD is temporary and expires after 90 days. If we have to get married and file the AOS before we can file for the official EAD (which may take up to 90 days to receive), is it really worth the trouble of getting the temporary one? If he would happen to find a job while carrying the temporary EAD and the official one takes 3 months, there will be a short period of time where technically he cannot work. Needless to say, this is not going to be looked on fondly by any new employer. Does anyone have experience with this?

4) I am worried about his visa being rejected because of my income. I have just returned to the US this last spring after many years of living in Italy. I am still getting my feet on the ground. I have had a stable job since June but my income is nothing to right home about. I am planning on having my parents co-sponsor the petition but does anyone out there know what is considered a good income for the me, the petitioner, to have? Do I really risk rejection based on my income? I not on the poverty level and I work in research with a large university, so I have benefits and health insurance, but my level is still an entry level position. Should I be worried?

Thanks for help to any of these questions.

PS I wanted to mention to all of you out there that I have the impression that one thing I did helped me push this process along faster. I contacted both my Senator and my Congressman's office. They are VERY equipped to deal with any case a citizen may have with the government. In fact, it's my understanding that their offices all have employees who work exclusively on visa cases. Call your Senator and/or Congressman and let them know you are looking for support during the process! They can contact the USCIS and make sure that the application is moving along as it should. The Vermont Center is currently taking up to 10 months to process this type of petition, but we were approved after 5 months.

Edited February 15, 2009 by Marco + Hannah

[Bobby+Umit 161]

1. No - it's not needed for you to be there for the interview. Booking tickets prior to having the visa in hand will be tricky - best to check with the airline about changing dates/fees.

2. For the interview.

3. No experience, but get anything you can, when you can, if it doesn't cost anything!

4. you would need to make $17,500 for both of you, if you mother co-sponsors, she will have to make $26,500 (you two plus your parents, if that is all the people in the household) (you will need to check the levels on the USCIS site, they are updating it soon.

If you make the level needed, then your good to go. They don't care if you make just the level you need, just that you meet it.

That is strange you think the Senator made the process go any faster, as the average time is 6 months, according to the graphs on the site. But grats anyway !

[Marco + Hannah 0]

Thanks so much for your reply.

The information you wrote about the income minimum is really useful. I went to the USCIS site but couldn't find any specifications like the ones you found. Can you give me the specific link if you still have it?

So, just to clarify - I'm not sure that either my Senator or Congressman actually had anything to do with processing my petition. I just know that if you look on the USCIS site (not the VJ times) for the wait at the Vermont Center on an I-129, they are just now processing cases from April 2008. That's over 10 months wait.

I suggest contacting state representatives because it can't hurt and it may even help. They do have people who work specifically on visas. They are also great people to contact for questions much like the ones on this forum. I, in fact, am going to double check all my questions with them this week.

Thanks again.

[Dakine 26]

Here you go!

http://www.uscis.gov/files/form/I-864P.pdf

[ikarus 1]

for question 3:

If you look at the posts in this forum, it seems that most people that came thru jfk got their temporary work permit. For that reason, I had my wife come thru jfk and her passport was stamped with the temporary work permit. And yes, it expires in 90 days.

And yes, if your fiance gets a job upon arrival in the usa and he has the temporary work permit, once it expires, the legal, smart thing to do is to stop working and wait for the EAD to arrive. Some people are lucky and they get employers that hold the job for them, or maybe you know a family member that wants to legally employ your husband for those 90 days that his temporary permit is valid. If that's the case, then get the permit..otherwise, don't know what other advantages having the 90 day permit gets you....but maybe somebody else can enlighten us on the advantages of having the 90 day work permit.

[Marco + Hannah 0]

Thanks Haole! That really helps and I see it was just revised yesterday.

[HighwayStar 0]

I think the others have already answered your questions more than satisfactorily, but I'd like to put my own 2 cents in, since I went through Naples in October 2008. If your relationship is solid and real, you don't have anything to fear from them - my now husband was there with me for the interview, but there was another girl before us who was alone, and she had no problems whatsoever. However, we saw a couple of people being denied (though I am sure there were more than valid reasons for that), so to be on the safe side it would be better not to buy any tickets until after the interview. The visa is indeed issued the same day, but you never know.... In any case, on the Internet you can find good airfares even if you buy a ticket only a few days before departure - unless it's summer, when fares shoot up big time.

As regards the temporary EAD, I didn't get the stamp at the POE, nor did I care about getting one, since it's not going to be of much use if you have to quit after three months. Better file for AOS as soon as possible, and wait for the 'real' EAD.

[Kez/JWolf 6]

You need to be aware the the evidence needed to prove you are authorized to work in the US changes on April 9 2009. A temp EAD stamp will now only be valid if your Visa is a work visa for a specific employer. so K1 with temp EAD stamp will no longer be able to complete the I-9 form to start employment. see this post of the new rules.

http://www.visajourney.com/forums/index.ph...p;#entry2645875