Fiancee VISA questions

[danie82 4]

So back in February my fiancee and I applied for the K1 fiancee visa.  At the end of May we received a request for evidence, and sent it back by the beginning of June.  They said online that they received it by the 16th of June.  My first question is, has anyone had to send in more evidence, and if so, how long did it take after they received the evidence to get a decision?  My next question is, if and when it does get approved, it will get sent to Canada to the US consulate for his stuff he will have to do.  Is there a good site that shows exactly what he will need to do, and/or bring with him, questions they might ask, or will the government send him a letter with all that information?  Also it talked about a physical?  Can he do this before all this to have it done or is it something they have to do there at the time?   We would like to get a head start on anything if we could.  Last question is, once and if it does get approved how long does it usually take from there, once it gets sent to Canada?  Thanks!  We are new to this and lost but I don't want to pay a ton of money for an immigration lawyer.

[twoDs 590]

The average time recently for NOA2 after the RFE has been sent is two weeks, but things are really messed up right now so it may take a little longer.

 

There is a definite sequence of events to the process. After the NOA2 is issued, the case will go to the NVC, and from there to the consulate. They should send him a letter, but often it doesn't come. Once it's at the NVC you get a case number and that lets you start a lot of the process.

 

If you look at the top menu bar on this site, there's an item called "guides", and if you click on it there's an entire section on K1 visas, the documents, and how it's done. There is also a flowchart that shows the time.

 

Since you're a february filer, you can also go the the February filer thread in the K1 forum and read about other people going through the process with you, and what they are doing.

[KULtoATL 1,551]

Here is the VJ K-1 guide: http://www.visajourney.com/content/k1guide

 

Here are the Canadian's Packet 3: https://ca.usembassy.gov/wp-content/uploads/sites/27/2016/07/Packet3Instructions-K1.pdf

 

and Canadian Packet 4: http://photos.state.gov/libraries/canada/303578/montreal/Packet4-MTL.pdf

 

***

 

Please refer to the links with caution. I do not know if there are updated versions of the Canadian Packets 3 and 4 but the ones mentioned above will give you a rough idea of what stuff that needs to be done and what documents that have to be gathered.

 

I didn't experience RFE so I could not give you a rough estimate as to how long it would take before you get your NOA2. However, the general processing times now for cases without RFE is now pushing closer to 4 months.

 

Upon receiving NOA2, the petitioner needs to gather stuff like I-134, tax transcripts, pay stubs, employer letter and prepare a new letter of intent dated within 30 days of the interview date as well as divorce or annulment decree if it applies. Also, call NVC to obtain the case number and invoice identification number (IIN) approximately 2 weeks after the receipt of NOA2 (can call at the end of first week and maybe a case number would have been issued but NVC has been slow lately) in order for you to track your case file here: https://ceac.state.gov/ceacstattracker/status.aspx. When the status says 'Ready', it means the case file has arrived at the local embassy.

 

The beneficiary should not attempt to submit anything to the embassy until he/she receives Packet 3 (this could be a PDF instructions sheet via e-mail or hardcopy packet, pretty much depending on the embassy but I think Montreal does the e-mail thing). Interview cannot be scheduled until the beneficiary has received Packet 4 from the embassy too. Medical appointment should only be made after one has scheduled the visa interview. However, the beneficiary can do the following beforehand after the petitioner has received the NOA2:

 

1. Complete, sign (electronically) and submit the DS-160 + save the confirmation page. A complete copy of the final DS-160 could also be saved for future reference at the end of submission. 
2. Pay the visa application fee of US$265.00 and save the payment confirmation page. Always keep a copy of the payment receipt too whether you make a physical or online payment. (Note: Visa fee payment is valid for a year so advance payment isn't an issue)
3. Apply for police certificates from various countries where he/she has stayed. These can be applied in advance if it takes a long time to be issued but make sure of the validity. Some has short validity. Some is valid for at least 6 months or a year, depends on the issuing country.
4. Get certified translations of civil documents that are in foreign languages for e.g. birth certificate. Get extra copies because they will come in handy for AOS or during subsequent periods in the US. This can be done in advance too if it takes a long time to get the translation copies from whichever translator that's being used.
5. Divorce or annulment decree if it applies.

 

With embassy processing, medical and visa issuance, it might take at least a month if not two depending on how fast the embassy is working and if there are plenty of interview slots available for dates after your medical appointment date. Visa issuance is only a few days if you are not stuck in administrative processing (AP) for long. AP can be as short or as long as it takes. At this point, no one can interfere but to just wait it out. Even the US Senator and congressperson will not be able to help due to the confidential nature of the checks during AP period. (ETA: All these also depends on how quick the beneficiary can finish gathering all the required documents before sending in the Packet 3 checklist to the embassy.)

 

Please, take my explanation at face value. I do not go through Montreal and some of the things I have said may not be 100% accurate. My apologies in advance but I am only trying to help a little  Canadian visa applicants will be able to correct me if I am wrong. All the best!

Edited July 27, 2017 by KULtoATL

[danie82 4]

Thanks everyone!  This was all a big help   It's just the waiting is annoying and we are just anxiously twiddling our fingers waiting for them to send something!  lol

[danie82 4]

13 hours ago, KULtoATL said:

Here is the VJ K-1 guide: http://www.visajourney.com/content/k1guide

 

Here are the Canadian's Packet 3: https://ca.usembassy.gov/wp-content/uploads/sites/27/2016/07/Packet3Instructions-K1.pdf

 

and Canadian Packet 4: http://photos.state.gov/libraries/canada/303578/montreal/Packet4-MTL.pdf

 

***

 

Please refer to the links with caution. I do not know if there are updated versions of the Canadian Packets 3 and 4 but the ones mentioned above will give you a rough idea of what stuff that needs to be done and what documents that have to be gathered.

 

I didn't experience RFE so I could not give you a rough estimate as to how long it would take before you get your NOA2. However, the general processing times now for cases without RFE is now pushing closer to 4 months.

 

Upon receiving NOA2, the petitioner needs to gather stuff like I-134, tax transcripts, pay stubs, employer letter and prepare a new letter of intent dated within 30 days of the interview date as well as divorce or annulment decree if it applies. Also, call NVC to obtain the case number and invoice identification number (IIN) approximately 2 weeks after the receipt of NOA2 (can call at the end of first week and maybe a case number would have been issued but NVC has been slow lately) in order for you to track your case file here: https://ceac.state.gov/ceacstattracker/status.aspx. When the status says 'Ready', it means the case file has arrived at the local embassy.

 

The beneficiary should not attempt to submit anything to the embassy until he/she receives Packet 3 (this could be a PDF instructions sheet via e-mail or hardcopy packet, pretty much depending on the embassy but I think Montreal does the e-mail thing). Interview cannot be scheduled until the beneficiary has received Packet 4 from the embassy too. Medical appointment should only be made after one has scheduled the visa interview. However, the beneficiary can do the following beforehand after the petitioner has received the NOA2:

 

1. Complete, sign (electronically) and submit the DS-160 + save the confirmation page. A complete copy of the final DS-160 could also be saved for future reference at the end of submission. 
2. Pay the visa application fee of US$265.00 and save the payment confirmation page. Always keep a copy of the payment receipt too whether you make a physical or online payment. (Note: Visa fee payment is valid for a year so advance payment isn't an issue)
3. Apply for police certificates from various countries where he/she has stayed. These can be applied in advance if it takes a long time to be issued but make sure of the validity. Some has short validity. Some is valid for at least 6 months or a year, depends on the issuing country.
4. Get certified translations of civil documents that are in foreign languages for e.g. birth certificate. Get extra copies because they will come in handy for AOS or during subsequent periods in the US. This can be done in advance too if it takes a long time to get the translation copies from whichever translator that's being used.
5. Divorce or annulment decree if it applies.

 

With embassy processing, medical and visa issuance, it might take at least a month if not two depending on how fast the embassy is working and if there are plenty of interview slots available for dates after your medical appointment date. Visa issuance is only a few days if you are not stuck in administrative processing (AP) for long. AP can be as short or as long as it takes. At this point, no one can interfere but to just wait it out. Even the US Senator and congressperson will not be able to help due to the confidential nature of the checks during AP period. (ETA: All these also depends on how quick the beneficiary can finish gathering all the required documents before sending in the Packet 3 checklist to the embassy.)

 

Please, take my explanation at face value. I do not go through Montreal and some of the things I have said may not be 100% accurate. My apologies in advance but I am only trying to help a little  Canadian visa applicants will be able to correct me if I am wrong. All the best!

OH boy seems like a lot of work.  lol  He is from Ottawa Canada as well.  Can he start applying to get the police certificates and do you know where he would do this?  Thanks!

[KULtoATL 1,551]

53 minutes ago, danie82 said:

OH boy seems like a lot of work.  lol  He is from Ottawa Canada as well.  Can he start applying to get the police certificates and do you know where he would do this?  Thanks!

This link should answer your question:

 

 

[LionessDeon 2,060]

Also, the K1 flow chart in the immigration guides will give you an approximate timeline of when things occur:

http://www.visajourney.com/content/k1flow

 

 

[DandY 134]

16 hours ago, twoDs said:

<snip>but things are really messed up right now so it may take a little longer.<snip>

A little OT: The CSC trend-line is definitely climbing to insane levels. Is there a thread where "in the know" stuff is posted so we know what is going on. I see the trend-line, but I have no idea why it is double a year ago.

[twoDs 590]

37 minutes ago, DandY said:

A little OT: The CSC trend-line is definitely climbing to insane levels. Is there a thread where "in the know" stuff is posted so we know what is going on. I see the trend-line, but I have no idea why it is double a year ago.

I (and others) have posted some stats in the March Filers thread (which is huge because we're bearing the brunt of the delays, along with a few unfortunately January/February filers.) If you read the past week or so you'll see the discussion. Keep in mind it's all speculation but it's pretty well informed speculation.

 

USCIS publishes a report on visa processing, and the best guess based on that is that I-129 (not I-129F) filings, e.g. H1B visas, got prioritized around April 1 (USCIS issued a release around then saying they had stopped accepting expedited H1Bs due to backlog.) In the past three months H1B backlog dropped by about 40,000 filings, while K1 backlog increased by more than 30% from 15,000 to 20,000 filings.

 

Now as to they why this happened and who decided it was good idea is completely unknown.

[danie82 4]

7 minutes ago, twoDs said:

I (and others) have posted some stats in the March Filers thread (which is huge because we're bearing the brunt of the delays, along with a few unfortunately January/February filers.) If you read the past week or so you'll see the discussion. Keep in mind it's all speculation but it's pretty well informed speculation.

 

USCIS publishes a report on visa processing, and the best guess based on that is that I-129 (not I-129F) filings, e.g. H1B visas, got prioritized around April 1 (USCIS issued a release around then saying they had stopped accepting expedited H1Bs due to backlog.) In the past three months H1B backlog dropped by about 40,000 filings, while K1 backlog increased by more than 30% from 15,000 to 20,000 filings.

 

Now as to they why this happened and who decided it was good idea is completely unknown.

So here is probably a silly question.  But is there a thread/post that shows you how to understand the USCIS processing guide page?  I have been on it and all I see are "processing as of."  What does that mean in relation from when you first filed or they received your RFE?

[twoDs 590]

Just now, danie82 said:

So here is probably a silly question.  But is there a thread/post that shows you how to understand the USCIS processing guide page?  I have been on it and all I see are "processing as of."  What does that mean in relation from when you first filed or they received your RFE?

If you're talking about the USCIS page that says "Processing as of January 1, 2017" it's virtually meaningless. It was saying later dates and then they rolled it back. There are people from December with outstanding applications, and people from April with NOA2s, so god knows how they come up with the dates they do.

[DandY 134]

20 minutes ago, twoDs said:

Now as to they why this happened and who decided it was good idea is completely unknown.

If your info is correct, this is not really a mystery. If you look at current admin priorities (i.e. Koch Brothers, et. al. priorities) they are to help business and the wealthy, the groups that push for H1B visas for reduced rate skilled labor. So, to me, your explanation sounds very reasonable.

[twoDs 590]

Just now, DandY said:

If your info is correct, this is not really a mystery. If you look at current admin priorities (i.e. Koch Brothers, et. al. priorities) they are to help business and the wealthy, the groups that push for H1B visas for reduced rate skilled labor. So, to me, your explanation sounds very reasonable.

I talked with someone about this, and it's a bit fuzzier than you might think, as the current admin seems to be leaning anti-H1B. This article enumates some of the things going on: http://www.firstpost.com/world/modi-trump-and-the-h1b-visa-tipsheet-ahead-of-june-26-summit-meeting-3611983.html

 

I suspect what's really happening is they're rushing to process existing H1Bs in the system before something changes. When I dug into it, it was far from clear what is going on and there were substantial changes (like H1B rejections jumping a lot) even before the new admin. I think it's just a political football game at this point and for whatever reason, someone wanted the backlog cleared, I'm just not sure if that someone is the current admin or an appointee of the prior admin -- either could have their reasons for doing this.

[DandY 134]

1 minute ago, twoDs said:

I talked with someone about this, and it's a bit fuzzier than you might think, as the current admin seems to be leaning anti-H1B. This article enumates some of the things going on: http://www.firstpost.com/world/modi-trump-and-the-h1b-visa-tipsheet-ahead-of-june-26-summit-meeting-3611983.html

 

I suspect what's really happening is they're rushing to process existing H1Bs in the system before something changes. When I dug into it, it was far from clear what is going on and there were substantial changes (like H1B rejections jumping a lot) even before the new admin. I think it's just a political football game at this point and for whatever reason, someone wanted the backlog cleared, I'm just not sure if that someone is the current admin or an appointee of the prior admin -- either could have their reasons for doing this.

Very valid. And you are correct that the populist message and the agenda that can be seen in cabinet appointees is a bit at odds. Clearly "keep them out" is part of the populist message, but there is good motivation to have cheap skilled labor. So yeah, we ended up in a less than ideal environment for this journey!

 

Thanks again for taking your time to post such excellent info.

[Unshakable Faith 493]

You can also read the embassy reviews through the country portal (select "portals" under the menu) to get a good idea of the types of questions asked at the specific consulate.