December 2015 I-129F Filers [edited title]

[Ms.F.Brown 7]

No I haven't got my NOA2 yet either. So there is still a few who is left and waiting :SAD

Edited February 22, 2016 by Ms.F.Brown

[MichaelandLu 0]

Thank you Greenbaum for taking the time to facilitate and help us out.

[vpalermo85 62]

Did anyone have similar experiences with any of the following?

1a. When talking to a USCIS representative they said average time is 5 months.

2a. The USCIS representative never heard of the term " 2nd notice of action" referring to it instead as an approval.

3a. Swears by the bible that no one could possibly have received their "2nd NOA" (but they call it something else) within 1 month, or 2 months. -this was said by a supervisor that I spoke to on the phone with USCIS.

I'm also wondering:

1b. If anyone has contacted the USCIS after they received their 2nd NOA and how the representative reacted to the fact that their approval came in 40 days or so.

2b. If we should continue contacting the USCIS for our visa related inquiries after we receive our 2nd NOA or someplace else.

Also can please post a link to a forum for k1 visas with the beneficiary being from China.

The first line of operators that pick up the phone pretty much are given boiler plate language to read off. They basically read off a script because all they can do is tap in your case number and read off the screen what's there. Some times they'll patch you over to an immigration officer if your questions seems 'out of scope' but even when you get past the first line, the second line isn't much help either--they'll only tell you that it's still being processed. You really just have to sit and wait to see if you're getting an RFE or an approval.

You and I have the same NOA1 date and we were approved on 2/4 which is 45 days. Once the case was approve it was forwarded to the NVC office, in roughly 10 business days we started calling 603-334-0700 for the new case number and updates. I did call the USCIS after our approval because we had a unique case where we received the hard copy of the NOA2 before the website was updated with the approved status and still it still hasn't been updated. Once I knew the NVC received our case I decided not to bother calling USCIS to get them to update the online status as the case was still progressing and we have the hardcopy which was more important.

The USCIS says on their website that it takes 5 months to process the entire I-129F application which doesn't mean you can't get approval before then. It seems like you just got one of the 'rude' representatives and I use that term loosely. It sucks waiting but the USCIS is still in the green in terms of approving your application within a 'timely' manner.

[Greenbaum 12,259]

MichaelandLu, on 22 Feb 2016 - 12:10 AM, said:

Did anyone have similar experiences with any of the following?

1a. When talking to a USCIS representative they said average time is 5 months. That is their normal processing time. They will quote you that everytime you call as that is required of them even though we know that some are getting approvals in less than 45 days.

2a. The USCIS representative never heard of the term " 2nd notice of action" referring to it instead as an approval. It's what is commonly known as the NOA2 or they may know it as the I-797 "notice of action".

3a. Swears by the bible that no one could possibly have received their "2nd NOA" (but they call it something else) within 1 month, or 2 months. -this was said by a supervisor that I spoke to on the phone with USCIS. Well, if you have been approved you no longer need to deal with USCIS for now.

I'm also wondering:

1b. If anyone has contacted the USCIS after they received their 2nd NOA and how the representative reacted to the fact that their approval came in 40 days or so. I think you will not get many replies as most who get their NOA2 will be contacting the NVC for their case number and will no longer have any dealings with USCIS.

2b. If we should continue contacting the USCIS for our visa related inquiries after we receive our 2nd NOA or someplace else. There is no need to continue contacting USCIS. You will find all the information you need to process your visa from the US Embassy in China. http://beijing.usembassy-china.org.cn/niv_howtoapply.html

Also can please post a link to a forum for k1 visas with the beneficiary being from China. . http://www.visajourney.com/forums/forum/94-china/ Also, go to the November K-1's as there are a few folks there that are processing through China and have a good idea on the process http://www.visajourney.com/forums/topic/573239-november-2015-l-i-29f-filers/page-234

Hope this information will help.

MichaelandLu, on 22 Feb 2016 - 12:11 AM, said:

Thank you Greenbaum for taking the time to facilitate and help us out.

YW

[MichaelandLu 0]

I have another question. This passage from USCIS website says we don't fill out an affidavit of support until after our fiance/ee comes to the country and applies for permanent residence.

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."""""""""""""""

Was anyone else under the impression that they were going to have to file an affidavit of support/ find a joint sponsor before the interview?

[vpalermo85 62]

I have another question. This passage from USCIS website says we don't fill out an affidavit of support until after our fiance/ee comes to the country and applies for permanent residence.

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."""""""""""""""

Was anyone else under the impression that they were going to have to file an affidavit of support/ find a joint sponsor before the interview?

It's correct that you don't have to file the affidavit of support with the I-129F visa, but you will have to fill one out and bring one to the Interview portion of the K-1 visa. You'll also need an affidavit of support when you file your AOS application to obtain a green card.

[GeorgeandGeorgia 14]

Can anyone from here tell me what is supposed to answer on question number 11, Form I-134. The question is: I intend/ Do not intend to make specific contributions to the supports of the person named in item 3. I have been researching and reading regarding this and I have found different answers. Some says it should be NOT APPLICABLE for K1 application, some ways it is indeed need to tick mark "I INTEND" some says tick mark "I DO NOT INTEND". What is the correct answer in this question?

Many thanks!

[Greenbaum 12,259]

GeorgeandGeorgia, on 22 Feb 2016 - 07:21 AM, said:

Can anyone from here tell me what is supposed to answer on question number 11, Form I-134. The question is: I intend/ Do not intend to make specific contributions to the supports of the person named in item 3. I have been researching and reading regarding this and I have found different answers. Some says it should be NOT APPLICABLE for K1 application, some ways it is indeed need to tick mark "I INTEND" some says tick mark "I DO NOT INTEND". What is the correct answer in this question?

Many thanks!

Do not check either. It is N/A. Follow the example form> http://www.visajourn.../Form-I-134.pdf

It is N/A because it does not apply for those seeking a K-1. The I-134 form was not created specifically for those applying for a K-1. It is used by those seeking other non-immigrant visa types. The K-1 is technically a non-immigrant visa, but the purpose is for the K-1 entrant is to actually stay and adjust status after marrying, so they are not a temporary visitor in need of temporary support. If you feel uncomfortable about it, then just check 'intend' and still put 'K-1 visa process for permanent residence' on the line, minus the N/A in front of it.

[Greenbaum 12,259]

MichaelandLu, on 22 Feb 2016 - 01:26 AM, said:

I have another question. This passage from USCIS website says we don't fill out an affidavit of support until after our fiance/ee comes to the country and applies for permanent residence.

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."""""""""""""""

Was anyone else under the impression that they were going to have to file an affidavit of support/ find a joint sponsor before the interview?

You will complete the I-134 (Affidavit of Support) to be used at your interview.

If you meet or exceed the poverty level for your family, then there is no need for a co-sponsor (joint sponsor).

[GeorgeandGeorgia 14]

Do not check either. It is N/A. Follow the example form> http://www.visajourn.../Form-I-134.pdf

It is N/A because it does not apply for those seeking a K-1. The I-134 form was not created specifically for those applying for a K-1. It is used by those seeking other non-immigrant visa types. The K-1 is technically a non-immigrant visa, but the purpose is for the K-1 entrant is to actually stay and adjust status after marrying, so they are not a temporary visitor in need of temporary support. If you feel uncomfortable about it, then just check 'intend' and still put 'K-1 visa process for permanent residence' on the line, minus the N/A in front of it.

Now it is clear Thank you.

[Chris and ZhiJia 146]

I have another question. This passage from USCIS website says we don't fill out an affidavit of support until after our fiance/ee comes to the country and applies for permanent residence.

"Affidavit of Support For Fiancé(e), Spouse, or Child as a “K” Nonimmigrant

If your relative is either a “K-1” fiancé(e), a “K-3” spouse, or a “K-2” or “K-4” child of fiancé(e) or spouse, you do not need to submit an affidavit of support at the time you file your Form I-129F petition. Instead, you should submit an affidavit of support at the time that your fiancé(e), spouse, or child adjusts status to permanent resident after coming to the United States."""""""""""""""

Was anyone else under the impression that they were going to have to file an affidavit of support/ find a joint sponsor before the interview?

What the USCIS page states is correct, However there are 2 Affidavit of Support forms.

I-134 is the Affidavit of Support that is presented during the interview.

I-864 is the Affidavit of Support that is filed with your AOS

For the I-134 you only need to meet 100% of the poverty guidelines

For the I-864 you need to meet 125% of the poverty guidelines.

Since both will be filed within such a short duration (a matter of only a few months) it's best to meet 125% of the poverty guidelines for both documents.

[wong 3]

I haven't gotten 2nd NOA either.

that make 4 of us

[yaholodna 1]

Is I-864 necessary for everyone?

[Ms.F.Brown 7]

Is I-864 necessary for everyone?

Yes it is, you have to file it with your I -130 app. Then give a copy to your spouse for the interview.

Edited February 22, 2016 by Ms.F.Brown

[Kenia~N~Jeury 20]

Anyone please advice... we have scheduled the interview for April. I know it is a long time from

Now but that's when I can travel back to my home country bc I want to attend the interview. So, should I wait to ask for employer letter so it will have a date closer to the interview or so doesn't matter the date as long as I provide recent pay stubs closer to interview date?

Thanks in advance