JUNE 2019 K-1 FILERS

[shoji 32]

5 minutes ago, Ela S. said:

Hi guys!!

 

Hope everyone’s having a smooth wait. I have a (probably pretty dumb) question about the NOA1. So I’ve just noticed the hard copy has a Notice date, and a Received date... I’ve been going by the Notice date for my timeline, but is it the correct one? or would it make sense to use the received date, since that’s the date they actually opened the packet? I mean it wouldn’t make much of a difference anyway but I’m just curious at this point. What date did you guys use for your timeline? 

It should be the Notice Date. That will also be your priority date.

[Greenbaum 12,259]

1 hour ago, Ela S. said:

Hi guys!!

 

Hope everyone’s having a smooth wait. I have a (probably pretty dumb) question about the NOA1. So I’ve just noticed the hard copy has a Notice date, and a Received date... I’ve been going by the Notice date for my timeline, but is it the correct one? or would it make sense to use the received date, since that’s the date they actually opened the packet? I mean it wouldn’t make much of a difference anyway but I’m just curious at this point. What date did you guys use for your timeline? 

The timeline is only a guesstimation and so it is not necessary that it be "on the dot" for accuracy. But if you can determine and use actual dates that only helps to make the timelines accurate. Here is the meaning behind each of the dates. I hope this helps.

 

The received date corresponds with the dates on the scans, the old website and on the case tracker app. You can find the receive date in the top middle of your NOA-1 next to your case number. 

 

The notice date is the date that the notice was sent to you, it has no other special meaning. That number is on the top right of your NOA-1.

 

Submitted date is the date that the case was submitted into the system and is used on the new website, it has no bearing on the scans or the app.

[shoji 32]

Question, we hired a lawyer for our case. Are we gonna receive a separate copy from the lawyer's copy sent to his address? 

[Sarge2155 4,590]

32 minutes ago, shoji said:

Question, we hired a lawyer for our case. Are we gonna receive a separate copy from the lawyer's copy sent to his address? 

Good luck with your lawyer! I think  the lawyer  gets the NOA2  and its up to the lawyer to give you a copy. I'm sure someone  here can verify what happens via a lawyer.  I hope your Lawyer does good by you!

[shoji 32]

18 hours ago, Sarge2155 said:

Good luck with your lawyer! I think  the lawyer  gets the NOA2  and its up to the lawyer to give you a copy. I'm sure someone  here can verify what happens via a lawyer.  I hope your Lawyer does good by you!

Thank you so much ❤️ 

[Ejay223 19]

Question. Do all immigration officers offers an interpreter before starting the interview? My fiance is not so fluent in english and having a hard time understanding american accent. He is practicing his english, but im afraid language barrier can cause problems. 😔 We communicate through our own native language because i was born there in his country, and im a naturalized citizen here in usa. Thanks for those who'll help ☺

[Sarge2155 4,590]

49 minutes ago, Ejay223 said:

Question. Do all immigration officers offers an interpreter before starting the interview? My fiance is not so fluent in english and having a hard time understanding american accent. He is practicing his english, but im afraid language barrier can cause problems. 😔 We communicate through our own native language because i was born there in his country, and im a naturalized citizen here in usa. Thanks for those who'll help ☺

I don't  think they outright offer, but if one is needed they try to accommodate the request. It goes a long way if the interviewee tries to participate in English so keep that in mind.

[Greenbaum 12,259]

10 hours ago, Ejay223 said:

Question. Do all immigration officers offers an interpreter before starting the interview? My fiance is not so fluent in english and having a hard time understanding american accent. He is practicing his english, but im afraid language barrier can cause problems. 😔 We communicate through our own native language because i was born there in his country, and im a naturalized citizen here in usa. Thanks for those who'll help ☺

Most embassies offer a interpreter.  They'll approach him with the offer once they begin the interview. 

[Ejay223 19]

11 hours ago, Sarge2155 said:

I don't  think they outright offer, but if one is needed they try to accommodate the request. It goes a long way if the interviewee tries to participate in English so keep that in mind.

Thank youuu

2 hours ago, Greenbaum said:

Most embassies offer a interpreter.  They'll approach him with the offer once they begin the interview. 

Thank you

[soco 99]

I am thinking about getting a lawyer because i keep getting, what seems to me, to be "advice" that is illegal. 

Fiancee and I work for the same company. Our thought process was she was always going to have to quit, wait for the I-765 to get approved, then get her a job or rehired at my company in the states. Others are saying why have her quit, just keep her on the foreign work team, making her foreign work salary, until the I-765 gets approved. My company allows "remote" working so this isn't a problem from the company. Just seems like it shouldn't be allowed to work remotely in the USA while waiting for I-765. Am I wrong in this thought process? 

 

I know this is getting ahead of ourselves maybe for this thread and everything. But wanted to see what advice I could get here since I don't even have a NOA2 yet. And maybe some advice before getting a lawyer.

[Greenbaum 12,259]

1 hour ago, soco said:

I am thinking about getting a lawyer because i keep getting, what seems to me, to be "advice" that is illegal. 

Fiancee and I work for the same company. Our thought process was she was always going to have to quit, wait for the I-765 to get approved, then get her a job or rehired at my company in the states. Others are saying why have her quit, just keep her on the foreign work team, making her foreign work salary, until the I-765 gets approved. My company allows "remote" working so this isn't a problem from the company. Just seems like it shouldn't be allowed to work remotely in the USA while waiting for I-765. Am I wrong in this thought process? 

 

I know this is getting ahead of ourselves maybe for this thread and everything. But wanted to see what advice I could get here since I don't even have a NOA2 yet. And maybe some advice before getting a lawyer.

You are getting the wrong information. While waiting for your GC and EAD you legally cannot work. With the advent of information out there, both from the government and from others, I would advise that you not do it. If it were found out that you were doing this you put yourself in the position of not getting the GC just on this alone. My opinion is not to do it. But, I will give you the information for you to figure it out and to make your own decision.

 

There are several sources that must looked at in whole.

 

https://www.uscis.gov/working-united-states/working-us

 

1) You must have a Green Card, EAD, or a work related visa to work in the US

 

2) "Nonimmigrants enter the United States for a temporary period of time, and once in the United States, are restricted to the activity or reason for which their nonimmigrant visa was issued."

 

This means unless you have a visa that allows you to work, you are not allowed to. K-1 visa is not a work visa. 

 

You do not become an immigrant until your adjustment of status, and therefore the quickest you are allowed to work on a K-1 visa is once the EAD has been issued.

 

Then, as far as working in the US for a foreign company goes.... here is a blog post about that has some sources in it

 

https://www.nationofimmigrators.com/employment-based-immigration/immigration-lawyers-arguing-can-i-work-from-home-for-a-foreign-employer/

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

Here's the conflict:

 

After being admitted to the U.S. on a K-1 nonimmigrant visa, your fiancé(e) may immediately apply for evidence of work authorization by filing Form I-765, Application for Employment Authorization. In this case, your fiancé(e)’s work authorization is valid for only 90 days after his or her entry into the U.S.

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

Your fiancé(e) may also apply for work authorization at the same time he or she applies for a Green Card. In this case, your fiancé(e) can file Form I-765 together with the Form I-485. In this case, your fiancé(e)’s work authorization is valid for one year and may be extended in one-year increments.

 

https://www.uscis.gov/family/family-us-citizens/visas-fiancees-us-citizens

Edited August 9, 2019 by Greenbaum

[soco 99]

Thank you for the detailed response. Kind of what I was expecting. She has a B1 as well, but I think the "Travelers entering the U.S. under the B-1 classification may not perform productive work or accept paid or unpaid employment." portion of the B1 covers that we can't do anything.

To be clear I'm fine with her not working for a bit, there's no rush...it's more coworkers not wanting her to leave since she's crucial to an important project.

[Greenbaum 12,259]

48 minutes ago, soco said:

Thank you for the detailed response. Kind of what I was expecting. She has a B1 as well, but I think the "Travelers entering the U.S. under the B-1 classification may not perform productive work or accept paid or unpaid employment." portion of the B1 covers that we can't do anything.

To be clear I'm fine with her not working for a bit, there's no rush...it's more coworkers not wanting her to leave since she's crucial to an important project.

I agree the risk trumps their "important project". I wish you a smooth journey. 

[Ela G. 389]

Third week of May NOA1s are getting approvals already! https://www.visajourney.com/timeline/monthly_filers.php?form=1&visa=1&scenter=1&option=1&sortby=2

 

First June filers approvals should be rolling in soon, hopefully! 🍀 Hope everyone’s having a smooth wait ☺️

[Charlee.Alex 48]

34 minutes ago, Ela S. said:

Third week of May NOA1s are getting approvals already! https://www.visajourney.com/timeline/monthly_filers.php?form=1&visa=1&scenter=1&option=1&sortby=2

 

First June filers approvals should be rolling in soon, hopefully! 🍀 Hope everyone’s having a smooth wait ☺️

Fingers crossed this quick turnaround continues!!! 

 

Its safe to to say I am not having much patience.

 

Question- I know people don’t advise it, but is anyone roughly thinking about or planning a wedding date? We are thinking/ hoping mid May...