VJ Immigration Information: Request for Help from Community

[Captain Ewok 1,891]

Hello VJ'ers-

Thank you for your membership at VisaJourney. We periodically update our immigration guides/information and are hoping to gather feedback from the community to help improve the site. All comments and feedback is welcome! Below are a few focus areas we are looking at:

VisaJourney Guides

K Visa FAQs

VJ Timeline

We will be reading this thread daily and making updates based on your feedback. If you have corrections to information or ideas for new features please post them here!

Thank you again for your support!!

-Capt Ewok

[KayDeeCee 4,893]

Since the recent changes with the I-94 becoming automatic, some slight changes to the guides may help. The AOS from K-1 guide states to provide a front and back copy of your I-94, which has confused some folks since they did not receive an I-94 in their passports.

6. Copy of the non US Citizen Spouses valid I-94 (front and back copies) <-- Could be worded something like, "Printout of I-94 information from CBP I-94 Retrieval website, found here: https://i94.cbp.dhs.gov/I94/request.html"

A similar change could be made to the SSN guide for a K-1 that currently states > "3. your valid I-94"

Also, the first 2 questions on the FAQ about entering the US with the K-1/K-2 needs to also be changed to reflect the fact that the I-94 is now automated and no paper I-94 will be given out.

Edited to Add > Can you please add onto the AOS from K-1 guide, in a FAQ or someplace/anywhere that tells people that if they are changing their name when they get married, then to YES, use their new married name on all the AOS forms? This gets asked about constantly. If people would simply search they would find the answer over and over again from how many times it is asked and answered around here. But as we all know, people tend to ask instead of research so it might be helpful to have that info in the K-1 AOS guide so they can see it first, or just be pointed to the guide.

Edited November 12, 2013 by Jay-Kay

[KayDeeCee 4,893]

Perhaps the K-1 guide could also have a small tweak in the section about photos for proof of meeting/ongoing relationship.

2. Color Photo's of you and your fiance(e) together. Make sure you write your names, date, and location on the back of every photo. Provide two to five photo's. If you only have a single copy of the photo, then make a color copy and send that. If it is a digital photo, have it printed at a local photo store such as Walgreens. Place photo's in a plastic bag or photo sheet and label the sheet. Note that you may not receive originals of photo's back.

Some people are taking that as an absolute and not a suggestion, and thinking they or others will receive an RFE if they do not get actual photos printed out from a store. Photos printed out at home on regular or photo paper work just fine without having to purchase and send loose photos in a bag. Printed on paper seems the better choice even because it fits in with the rest of their paperwork and it gets transferred into USCIS folders with no problems.

[Pitaya 2,577]

Since the recent changes with the I-94 becoming automatic, some slight changes to the guides may help. The AOS from K-1 guide states to provide a front and back copy of your I-94, which has confused some folks since they did not receive an I-94 in their passports.

6. Copy of the non US Citizen Spouses valid I-94 (front and back copies) <-- Could be worded something like, "Printout of I-94 information from CBP I-94 Retrieval website, found here: https://i94.cbp.dhs.gov/I94/request.html"

A similar change could be made to the SSN guide for a K-1 that currently states > "3. your valid I-94"

Also, the first 2 questions on the FAQ about entering the US with the K-1/K-2 needs to also be changed to reflect the fact that the I-94 is now automated and no paper I-94 will be given out.

Edited to Add > Can you please add onto the AOS from K-1 guide, in a FAQ or someplace/anywhere that tells people that if they are changing their name when they get married, then to YES, use their new married name on all the AOS forms? This gets asked about constantly. If people would simply search they would find the answer over and over again from how many times it is asked and answered around here. But as we all know, people tend to ask instead of research so it might be helpful to have that info in the K-1 AOS guide so they can see it first, or just be pointed to the guide.

Agree with Jay-Kay.

http://www.visajourney.com/forums/topic/439835-updating-the-aos-k-1-guide/

Thanks Captain for eliciting comments.

[jkelly07 120]

I think there needs to be updates on the example forms the new forms DS-160 and DS-260.and the k-3 visa which a lot of people get confused with the 1-130 cr-1 and 1-129f together. thanks captain EWOK.

[1HappyGuy 45]

Just checked the K-1 guide and found that the 129-F is not properly displayed as a pdf file. It is probably just a temporary glitch but thought you should know.

Otherwise, everything seems to be okay.

[KayDeeCee 4,893]

I think there needs to be updates on the example forms the new forms DS-160 and DS-260.and the k-3 visa which a lot of people get confused with the 1-130 cr-1 and 1-129f together. thanks captain EWOK.

Ah yes, that is true. I forgot about the DS-160 replacing all the other DS forms for the K-1 interview. That will need to be changed in the guides/FAQs as well.

Just checked the K-1 guide and found that the 129-F is not properly displayed as a pdf file. It is probably just a temporary glitch but thought you should know.

Otherwise, everything seems to be okay.

The link to download the I-129F form goes directly to the USCIS website for the form. The problem with the form being messed up is on the USCIS end. Hopefully they get it fixed soon,

[John & Mary 1]

My husband was denied entry/"given the opportunity to withdraw his application for admission" years ago, before we filed for the K1. After a lot of searching and asking around, it became evident that this experience was common enough and would have "no impact" on our visa process. However, it would have been nice if there had been a thread or an FAQ specifically devoted to people who had been denied entry for whatever reason in order to gather anecdotal data about their experiences. It was a really scary thing at the time.

[NigeriaorBust 4,087]

For those of us from the tough countries it would be nice to be able to have entries about denials and post interview AP times. Stats like number of K1's approved vs denied by consulate , and average time on post interview AP It would help people understand and plan better. And if you really want a data bit to keep us stat minded folks happy add divorce/separation date to the timeline.

[cathy2904 97]

Perhaps the ROC guide could have a footnote pointing out that the case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter. I know that even with this number, the case status site is unreliable but I frequently see people posting that they cannot access their case status with the NOA1 number.

And this is the pedant in me commenting - there is a typo in this sentence in the ROC guide: "Local Offices will not give an I-551 stamp is you have another type of evidence of status (ie, expired Green Card + extension letter)." It should be if you have another type of evidence of status.

Edited November 13, 2013 by cathy2904

[JimS 1]

In the K-1 guide, 3.2)…How does the whole I-129f petition process work and…..

# 6, the link for “click here for examples”, “here” does not have a viable link to anything

6.

Proof of having met in past two years. (click here for examples)

[lvriesling 11]

Perhaps the ROC guide could have a footnote pointing out that the case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter. I know that even with this number, the case status site is unreliable but I frequently see people posting that they cannot access their case status with the NOA1 number.

And this is the pedant in me commenting - there is a typo in this sentence in the ROC guide: "Local Offices will not give an I-551 stamp is you have another type of evidence of status (ie, expired Green Card + extension letter)." It should be if you have another type of evidence of status.

Completely agree with this. Also, the VJ Guide to Removal of Conditions (http://www.visajourney.com/content/751guide) incorrectly states:

-----

You will NOT be sent any reminder to file this petition from USCIS. Per the USCIS,

"At the time you obtain conditional resident status through admission to the United States with an immigrant visa or through adjustment of status, the USCIS will notify you of the conditional basis of your status, the requirements for removal of the conditions and what will happen if you fail to file a petition to remove the conditions.

The USCIS does not send a second reminder to conditional residents to petition for removal of conditions. During the 90 days before the second anniversary of the date you obtained conditional resident status you and your spouse (if still married) must file to remove the condition."

-----

This appears to have changed!! I got a letter from USCIS, "Notice of Requirement To File Joint Petition To Remove The Conditional Basis Of An Alien's Permanent Resident Status", saying...

-----

"The records of this Service indicate that you entered the United States as a conditional permanent resident on 10/06/2011. In accordance with Section 216 of the Immigration and Nationality Act you must file Form I-751, Petition to Remove Conditions on Residence. Failure to do so may result in the automatic termination of your Status. You can obtain Form I-751, as well as filing information and fees, from www.uscis.gov or call 1-800-375-5283."

Edited November 14, 2013 by lvriesling

[KayDeeCee 4,893]

Perhaps the ROC guide could have a footnote pointing out that the case number on the NOA1 is not linked to the USCIS case update site - you have to wait for the case number that comes with the biometrics letter. I know that even with this number, the case status site is unreliable but I frequently see people posting that they cannot access their case status with the NOA1 number.

And this is the pedant in me commenting - there is a typo in this sentence in the ROC guide: "Local Offices will not give an I-551 stamp is you have another type of evidence of status (ie, expired Green Card + extension letter)." It should be if you have another type of evidence of status.

It states on the I-797 receipt notice/extension letter that you use the number from your biometrics letter.

"Upon receipt of your ASC appointment notice, you can find the status of your case on-line at www.uscis.gov. To view the status of your case, enter the application number found at the top of the ASC appointment notice. NOTE: The I-751 form type will be listed as "CRI89" under the application type in our case status on-line tool."

Although it is not bad idea to add it as a note in the ROC guide.

Edited November 14, 2013 by Jay-Kay

[a+j 77]

In the VisaJourney Member Immigration Timeline, the is no Processing/Estimating Stats field for AOS (although there is one for the K1 visa, AP and EAD). Can it be added? Thanks!

[Hank_ 9,174]

http://www.visajourney.com/content/k1guide

Most of the process seems good.

Some is not:

What to send to your fiance(e) once the I-129F is approved (Receive NOA2):

1.

A copy of the entire I-129f package (that you made when you sent the petition in) and a copy of information that you sent back due to an RFE (if you received one).

I DON'T KNOW OF A SINGLE EMBASSY THAT ASKS TO SEE A COPY! (Seriously, they have the original)

2.

Send all originals of the documentary proof that you submitted for the I-129F to your fiance(e) for their interview at the embassy.

I AM MISSING THE LOGIC OF THIS ONE. I PERSONALLY THINK THIS IS BAD ADVICE AND WOULD NEVER SUGGEST SENDING THE ORIGINALS OF ANYTHING UNLESS IT'S REQUIRED. AND AGAIN - THE EMBASSY HAS THE ORIGINAL PETITION.

3. Send an original letter affirming your desire to marry your fiance(e) and your continued support of the K-1 Visa. Sign and date the form. This will be similar to the letter you provided with the I-129F, but dated much closer to the interview (it will have most likely been several months since you submitted your I-129F).

4. I-134 Affidavit of Support form. Ensure it is signed, with all required supporting evidence. Begin collecting the required information ahead of time, as it can often take several weeks to collect it all.

5. You will likely need at a minimum (for the above form) two to three of your most recent pay stubs and a signed letter from your employer listing you job title, start date, your salary, and the status (full-time) of your position. Begin collecting these ASAP after your NOA2 arrives. You will also probably want to include other evidence such as your banking information and other assets as required by the I-134. Specifically you will need at least 2 of the 4 options mentioned in Section II* -Supporting Evidence of the I-134. See this FAQfor more tips and ueful information on the Affidavit of Support Form.

* EMBASSY REQUIRES A COPY OF THE MOST RECENT TAX RETURN (or tax transcribes) AND W-2, PAY STUBS & EMPLOYER LETTER ARE "MAY" INCLUDE ITEMS. YET THERE IS NO MENTION OF TAX RETURN OR W-2 IN ITEM #5 WHICH IS THE ACTUAL IMPORTANT REQUIRED DOCUMENTS.

6.

A copy of the NOA2 that you received in the mail.

EMBASSY DOES NOT ASK FOR A COPY OF THE NOA2. ANOTHER OVER-KILL FUELED BY PARANOIA.

7.

Proof of your ongoing relationship. This needs to be taken to the interview! Include photos, travel documents, emails, etc from between the time you filed and present (NOA1 date-now).

Examples: Copies of land line and cell phone bills, appropriate emails and letters you have sent including the stamps on envelopes (to document the date they were sent), and other written documentary proof. Provide a reasonable amount; two to four of each type. Pick a range of dates up to and including the present. You can also include a copy of engagement ring receipt (this is something that is a big optional - do not worry if you do not have a ring yet!)

In "Examples" add - COPIES OF CHAT LOGS (PICK A COUPLE FROM EACH MONTH)

Note: A K-1 Visa holder can enter the United States only one time with this visa. Upon entry, the K-1 visa is cancelled, and the I-94 form issued upon entry becomes the controlling document. If the K-1 entrant leaves the U.S. before marriage to the original petitioner, re-entry into the U.S. might not be allowed without a new visa. Also, if the K-1 entrant has applied for and is waiting on approval of an Adjustment of Status petition, the K-1 entrant should not leave the U.S. without also having applied for and received approved Advance Parole -- doing so could result in the inability to re-enter the U.S., and it indicates abandonment of the petition for Adjustment of Status. (Note that even approved Advance Parole does not guarantee re-entry into the U.S.)

I-94 IS NOT ISSUED UPON ENTRY, INFO ON THE PROCESS FOR RETRIEVING IT FROM THE CBP WEBSITE SHOULD BE NOTED.

http://www.cbp.gov/xp/cgov/travel/id_visa/i-94_instructions/

Edited November 14, 2013 by Hank_