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USCIS Updates Policy Guidance for Certain Requests for Evidence and Notices of Intent to Deny(merged)

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Filed: AOS (pnd) Country: El Salvador
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2 minutes ago, BoostFreak12 said:

Going to another country other than phil or here would cost an extra 5k atleasstttt

In the post I mentioned, @Paul & Mary "found it was easier and quicker and actually cheaper to marry in Hong Kong" rather than in the Philippines. Of course, every case can differ.

Your Input Is Appreciated On This VJ Guide Proposal: 

 

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2 minutes ago, BoostFreak12 said:

The costs is $1000 for me hiring him...

Going to another country other than phil or here would cost an extra 5k atleasstttt

I was just mentioning that if a flight and hotel stay are cost prohibitive, then you may find the fees associated with the K1 visa cumbersome as well. There's more to it than paying the paperwork person....the fee for the person you are paying are just HIS fee. There's about $2k more to pay out for the K1 visa.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Filed: K-1 Visa Country: Philippines
Timeline
4 minutes ago, Pennycat said:

I was just mentioning that if a flight and hotel stay are cost prohibitive, then you may find the fees associated with the K1 visa cumbersome as well. There's more to it than paying the paperwork person....the fee for the person you are paying are just HIS fee. There's about $2k more to pay out for the K1 visa.

Ofcourse i know that. Plus her flight to manila and her flight here .. Plus im going back to visit in january we planned to file a few months after.... Then a wedding etc... Going to hong kong does not make sense . so many people have so many diferent things to say its very frustrating.

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3 minutes ago, BoostFreak12 said:

Ofcourse i know that. Plus her flight to manila and her flight here .. Plus im going back to visit in january we planned to file a few months after.... Then a wedding etc... Going to hong kong does not make sense . so many people have so many diferent things to say its very frustrating.

It's not clear that you'd know that when your initial question was about watching a video in which you learned that you don't get adjustment of status within the 90 days, which is about as basic knowledge as there being filing fees. 

 

And people are simply trying to help, from their personal experience. It's cheaper to go the spouse route. It is complicated to marry in Philippines. At least one user found it preferable/cheaper to marry in Hong Kong instead. If that doesn't make sense for you and your situation and the flights you've already purchased, that's fine. But you can't fault someone for providing advice on solving a problem that you're posting about on a public forum-- and your expressed problem is how long AOS takes. Don't need to go through AOS when you have a spouse visa. If you don't already have a ticket to MNL in January, depending where you're coming from in the US, a flight to HKG could be the same or cheaper (or more, again, depending). Round trips from MNL to HKG are ~$200. Of course there are other costs in Hong Kong which could wipe out any savings from the cheaper spouse visa route, but you'd avoid the lengthy AOS process, which again depending on your situation, could be critical, or irrelevant. Plus, you both would have had a little adventure together, which again depending on you and your partner's personalities and likes could either be an amazing once-in-a-lifetime experience you'd cherish forever, or a totally annoying slog. No one is saying that this is how you've got to do it-- People are just providing options that you may have never considered from their own personal experience of a very similar situation to yours.

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Filed: K-1 Visa Country: Philippines
Timeline
8 minutes ago, Pennycat said:

It's not clear that you'd know that when your initial question was about watching a video in which you learned that you don't get adjustment of status within the 90 days, which is about as basic knowledge as there being filing fees. 

 

And people are simply trying to help, from their personal experience. It's cheaper to go the spouse route. It is complicated to marry in Philippines. At least one user found it preferable/cheaper to marry in Hong Kong instead. If that doesn't make sense for you and your situation and the flights you've already purchased, that's fine. But you can't fault someone for providing advice on solving a problem that you're posting about on a public forum-- and your expressed problem is how long AOS takes. Don't need to go through AOS when you have a spouse visa. If you don't already have a ticket to MNL in January, depending where you're coming from in the US, a flight to HKG could be the same or cheaper (or more, again, depending). Round trips from MNL to HKG are ~$200. Of course there are other costs in Hong Kong which could wipe out any savings from the cheaper spouse visa route, but you'd avoid the lengthy AOS process, which again depending on your situation, could be critical, or irrelevant. Plus, you both would have had a little adventure together, which again depending on you and your partner's personalities and likes could either be an amazing once-in-a-lifetime experience you'd cherish forever, or a totally annoying slog. No one is saying that this is how you've got to do it-- People are just providing options that you may have never considered from their own personal experience of a very similar situation to yours.

Yes i completely understand that .. Its just very overwhelming .

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Filed: K-1 Visa Country: Philippines
Timeline

I guess ive just sat back last 6 months or so and didnt worry about anything knowing mike would help me. I suppose i need to worry about much more... My fallback plan was to save for a few years and move to davao to start a business...

Ive had people say marrying in.phil is much harder and alot more money than doing the k1. Which is why ive gone back and forth between the 2 visas...

I honestly am not sure what more i need to learn or where to learn it to get comfortable and confident with the k1.

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7 minutes ago, BoostFreak12 said:

I guess ive just sat back last 6 months or so and didnt worry about anything knowing mike would help me. I suppose i need to worry about much more... My fallback plan was to save for a few years and move to davao to start a business...

Ive had people say marrying in.phil is much harder and alot more money than doing the k1. Which is why ive gone back and forth between the 2 visas...

I honestly am not sure what more i need to learn or where to learn it to get comfortable and confident with the k1.

You don't need to start worrying more as long as you trust that Mike knows what he's doing and you do 100% of what he says. But you are worrying a bit (thinking that the path he's got you on will result in her needing to wait for the green card in the Phillipines), so I'm not sure what to say about that.

 

It is probably true that it's more expensive and more difficult to marry in Phillipines than it is to do K1. But, again, people have brought up a third option. Marry in a different country and do spouse visa. That still may not work out for you, really only you can figure that out. I can say that the main benefit of the spouse visa is that it comes with a green card on arrival, so no wait time to be able to work, no need to go through adjustment of status. And it is ~700 cheaper than the K1. For some people, that would be WELL worth a trip to Hong Kong instead of Manila. For others (those who don't need or don't plan on the immigrant working especially, or those who don't travel often or well), it's not. 

 

If it's too overwhelming to weigh your options, just take Mike's advice. The K1 isn't a bad choice. Just know the drawbacks (the additional expense and the long time to be able to work) and be confident in your decision. Also, if you've already filed anything, I'd not go back now, really not worth the expense and hassle. 

Marriage/ AOS Timeline:

23 Dec 2015: Legal marriage

23 Jan 2016: Wedding!

23 Jan 2016: "Blizzard of the Century", wedding canceled/rescheduled (thank goodness we were legally married first or we'd have had a big problem!) :sleepy:

24 Jan 2016: Small "civil ceremony" with friends and family who were snowed in with us. December was a bit of a secret and people had traveled internationally and knew we *had* to get married that weekend, and our December legal marriage was nothing but signing a piece of paper at our priest's kitchen table, without any sort of vows etc so this was actually a very special (if not legally significant) day. (L)

16 Apr 2016: Filed for AOS and EAD/AP (We delayed a bit-- no big rush, enjoying the USCIS break)

23 Apr 2016: Wedding! Finally! :luv:

27 Apr 2016: Electronic NOA1 for all 3 :dancing:
29 Apr 2016: NOA1 Hardcopy for all 3
29 Jul 2016: Online service request for late EAD (Day 104)
29 Jul 2016: EAD/AP Approved ~3 hours after online service request
04 Aug 2016: RFE for Green Card (requested medicals/ vaccination record. They already have it). :ranting:
05 Aug 2016: EAD/AP Combo Card arrived! (Day 111)
08 Aug 2016: Congressional constituent request to get guidance on the RFE. Hoping they see they have the form and approve!

K-1 Visa Timeline:

PLEASE NOTE. This timeline was during the period of time when TSC was working on I-129fs and had a huge backlog. The average processing time was 210+ days. This is in no way predictive of your own timeline if you filed during or after April 2015, unless CSC develops a backlog. A backlog is anything above the 5-month goal time listed on USCIS's site

14 Feb 2015: Mailed I-129f to Dallas Lockbox. (L) (Most expensive Valentine's card I've ever sent!)

17 Feb 2015: NOA1 "Received Date"
19 Feb 2015: NOA1 Notice Date
08 Aug 2015: NOA2 email! :luv: (173 days from NOA1)

17 Aug 2015: Sent to NVC

?? Aug 2015: Arrived at NVC

25 Aug 2015: NVC Case # Assigned

31 Aug 2015: Left NVC for Consulate in San Jose

09 Sep 2015: Consulate received :dancing: (32 days from NOA2)

11 Sep 2015: Packet 3 emailed from embassy to me, the petitioner (34 days from NOA2).

18 Sep 2015: Medicals complete

21 Sep 2015: Packet 3 complete, my boss puts a temporary moratorium on all time off due to work emergency :clock:

02 Oct 2015: Work emergency clears up, interview scheduled (soonest available was 5 business days away--Columbus Day was in there)

13 Oct 2015: Interview

13 Oct 2015: VISA APPROVED :thumbs: (236 days from NOA1)

19 Oct 2015: Visa-in-hand

24 Oct 2015: POE !

15 Dec 2015: Fiance's mother's B-2 visa interview: APPROVED! So happy she will be at the wedding! :thumbs:

!

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Filed: K-1 Visa Country: Philippines
Timeline
2 minutes ago, Pennycat said:

You don't need to start worrying more as long as you trust that Mike knows what he's doing and you do 100% of what he says. But you are worrying a bit (thinking that the path he's got you on will result in her needing to wait for the green card in the Phillipines), so I'm not sure what to say about that.

 

It is probably true that it's more expensive and more difficult to marry in Phillipines than it is to do K1. But, again, people have brought up a third option. Marry in a different country and do spouse visa. That still may not work out for you, really only you can figure that out. I can say that the main benefit of the spouse visa is that it comes with a green card on arrival, so no wait time to be able to work, no need to go through adjustment of status. And it is ~700 cheaper than the K1. For some people, that would be WELL worth a trip to Hong Kong instead of Manila. For others (those who don't need or don't plan on the immigrant working especially, or those who don't travel often or well), it's not. 

 

If it's too overwhelming to weigh your options, just take Mike's advice. The K1 isn't a bad choice. Just know the drawbacks (the additional expense and the long time to be able to work) and be confident in your decision. Also, if you've already filed anything, I'd not go back now, really not worth the expense and hassle. 

Thank you, no we have no filed anything...i have not pay him anything so he doesnt have me on a bath hes has fone the initial phone call and told me about my qualifications with income etc and thats it... He wont go further without me being ready to start the visa... So im just trying to make sure ive got everything right before i go and start paying people and filing things.

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Filed: K-1 Visa Country: Mexico
Timeline
On 7/11/2018 at 9:36 AM, ThomasNC1988 said:

I guess my thing is if you are denied your immigration benefit it is time for you to go home. I think that is the point. This is just away to make sure that is happening I guess.

What if you were denied based on an error on their part?

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Filed: K-1 Visa Country: Philippines
Timeline
5 minutes ago, jess100 said:

What if you were denied based on an error on their part?

Ugh i dont know. Im sure i can go over it with someone els too.. But hes never had a visa denied in 9 years.

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Filed: K-1 Visa Country: Mexico
Timeline
On 7/15/2018 at 10:14 AM, missileman said:

1.  Remain in legal status

2.  Obey the law

3.  Don't file frivolous petitions.

Problem solved.....

The ONLY RFE we had through this process was a mistake on the part of USCIS.  So the problem is not "solved" simply because a person follows the laws. USCIS does lose things as well. 

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21 minutes ago, jess100 said:

What if you were denied based on an error on their part?

Then you file an appeal, assuming you have evidence that it was their error.

Timelines:

ROC:

Spoiler

7/27/20: Sent forms to Dallas lockbox, 7/30/20: Received by USCIS, 8/10 NOA1 electronic notification received, 8/1/ NOA1 hard copy received

AOS:

Spoiler

AOS (I-485 + I-131 + I-765):

9/25/17: sent forms to Chicago, 9/27/17: received by USCIS, 10/4/17: NOA1 electronic notification received, 10/10/17: NOA1 hard copy received. Social Security card being issued in married name (3rd attempt!)

10/14/17: Biometrics appointment notice received, 10/25/17: Biometrics

1/2/18: EAD + AP approved (no website update), 1/5/18: EAD + AP mailed, 1/8/18: EAD + AP approval notice hardcopies received, 1/10/18: EAD + AP received

9/5/18: Interview scheduled notice, 10/17/18: Interview

10/24/18: Green card produced notice, 10/25/18: Formal approval, 10/31/18: Green card received

K-1:

Spoiler

I-129F

12/1/16: sent, 12/14/16: NOA1 hard copy received, 3/10/17: RFE (IMB verification), 3/22/17: RFE response received

3/24/17: Approved! , 3/30/17: NOA2 hard copy received

 

NVC

4/6/2017: Received, 4/12/2017: Sent to Riyadh embassy, 4/16/2017: Case received at Riyadh embassy, 4/21/2017: Request case transfer to Manila, approved 4/24/2017

 

K-1

5/1/2017: Case received by Manila (1 week embassy transfer??? Lucky~)

7/13/2017: Interview: APPROVED!!!

7/19/2017: Visa in hand

8/15/2017: POE

 

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Filed: K-1 Visa Country: Mexico
Timeline

Can someone correct me if I'm wrong.....I think these are two different scenarios. In the first, a person has an application denied, maybe for good reason, or maybe not, who knows.  In the second, the person applies and misses filing something they expect (or sends in the incorrect fee) and gets denied, but if withing time limits can file again if still within legal status. 

Did I miss something?  Of course the second one could lead to the first, but not always.

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Filed: K-1 Visa Country: Mexico
Timeline
1 minute ago, jess100 said:

Can someone correct me if I'm wrong.....I think these are two different scenarios. In the first, a person has an application denied, maybe for good reason, or maybe not, who knows.  In the second, the person applies and misses filing something they expect (or sends in the incorrect fee) and gets denied, but if withing time limits can file again if still within legal status. 

Did I miss something?  Of course the second one could lead to the first, but not always.

And I guess it's possible that very close to the second anniversary of the green card you can get denied and not have time to file a new ROC application and therefore you're out of status, and therefore deportable or need to appear in court.

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