NOA1 processing time of k1 visa

[Greenbaum 12,259]

On 9/11/2020 at 6:31 AM, jindogae said:

We also sent our package in Maine on 20th of August - still no NOA1, no email or letter   My fiance used a cashier's check so my understanding is that we do not know if it was cashed or not.

 

Cashier checks have a "check number" and many companies that provide this service will allow you to search for your check using that number. I would visit the website for your cashier's check company's website for further instructions on how to trace your transaction.

 

Normal processing of the issuance for a NOA1 is about 2-3 weeks. You are earlier in your expectations. A couple of key factors to look for is 1) has your tracking indicated the package was received? 2) Has your form of payment been executed? Having those two completed then you are close to receiving your NOA1. 

 

[Greenbaum 12,259]

On 9/10/2020 at 8:30 AM, MNMT said:

Actually, right after I read your reply my fiance told me that his mom called him to tell that she received the NOA1! That was a huge relief!! Thank you so much for your help:)

Congratulations! Join us in the September NOA1 thread located here:

 

 

There is a flowchart that will help explain the next steps. While you are there post a "howdy" so we can welcome to the thread. 

[APA 44]

On 9/10/2020 at 2:31 AM, Olga88 said:

If you live in Japan, how did you send it? Because they don’t accept the petitions from overseas. You have to be in US when you send it. And they send you NOA 1 via USPS to your American address 

 

This is completely incorrect. Many people - including myself - have filed from overseas successfully. I got my NOA1 in about 2 weeks. 

[jaimedebruyn 25]

On 9/10/2020 at 6:03 PM, MNMT said:

Glad to hear that! That's what I thought too, I remember hearing that as long as the petitioner is back and found a stable job before the interview it doesn't really matter where you file the form from!

Thanks for your reply:)

I have never heard this....I am living in India, and filed our petition from here in July. I plan to stay until my fiance receives his visa. I guess I assumed that, because I will need a sponsor other than myself anyways (I am on a volunteer employment visa in India), it wouldn't matter if I am in India or in the USA during the whole process.

[Just Paul 4,595]

11 minutes ago, jaimedebruyn said:

I have never heard this....I am living in India, and filed our petition from here in July. I plan to stay until my fiance receives his visa. I guess I assumed that, because I will need a sponsor other than myself anyways (I am on a volunteer employment visa in India), it wouldn't matter if I am in India or in the USA during the whole process.

Correct - you need to either show domicile or establish domicile prior to the interview.  This is true for fiance and spousal visas.   It does not matter where you are when you file.

[jaimedebruyn 25]

43 minutes ago, Paul & Mary said:

Correct - you need to either show domicile or establish domicile prior to the interview.  This is true for fiance and spousal visas.   It does not matter where you are when you file.

I think I will be okay then! My employment visa expires in April, and I don't intend to renew it. My permanent address is in the USA, and all of my financials have remained there while overseas. Maybe I'll apply for some jobs pre-interview as well, just in case!

[MNMT 4]

50 minutes ago, jaimedebruyn said:

I have never heard this....I am living in India, and filed our petition from here in July. I plan to stay until my fiance receives his visa. I guess I assumed that, because I will need a sponsor other than myself anyways (I am on a volunteer employment visa in India), it wouldn't matter if I am in India or in the USA during the whole process.

I asked a lawyer about it and he said that the sponsor will be able to proof that he/she is able to support financially during the alien fiance/fiancee is waiting for a green card, also paying tax and stuff in the U.S. (? I'm actually not sure about this part), but what he basically said was, if you are a petitioner and living abroad, you should go back to the U.S. as soon as possible. 

My fiance is still here in Japan with me though..

[jaimedebruyn 25]

6 minutes ago, MNMT said:

I asked a lawyer about it and he said that the sponsor will be able to proof that he/she is able to support financially during the alien fiance/fiancee is waiting for a green card, also paying tax and stuff in the U.S. (? I'm actually not sure about this part), but what he basically said was, if you are a petitioner and living abroad, you should go back to the U.S. as soon as possible. 

My fiance is still here in Japan with me though..

We will be using my parents as sponsors...so I am wondering if we will be okay if I remain outside of the USA. I guess we will see. I don't plan to leave any time soon!! (Unless the process is super delayed and my visa expires before!)

[MNMT 4]

4 minutes ago, jaimedebruyn said:

We will be using my parents as sponsors...so I am wondering if we will be okay if I remain outside of the USA. I guess we will see. I don't plan to leave any time soon!! (Unless the process is super delayed and my visa expires before!)

Oh, so if you have a sponsor back in the U.S., you don't have to go back before your fiance gets visa?

[jaimedebruyn 25]

5 minutes ago, MNMT said:

Oh, so if you have a sponsor back in the U.S., you don't have to go back before your fiance gets visa?

I don't know...but I hope so! I don't plan to go back before.

[jackjohn 0]

On 9/10/2020 at 4:14 PM, MNMT said:

I'm afraid that's not true, you are able to file from overseas. 

Maybe that's why it's late I wonder? We put my fiance's parents address in the U.S., so they'll send noa1 to the address?

I put my correspondence address as an overseas address. Would this be why I have not received NOA1 after three weeks? I also filed the G-1145

[MNMT 4]

1 minute ago, jaimedebruyn said:

I don't know...but I hope so! I don't plan to go back before.

Well I hope so too! I know this waiting time could be such a harsh time, but hope everything works out and we get visa okay!!:)

[MNMT 4]

Just now, jackjohn said:

I put my correspondence address as an overseas address. Would this be why I have not received NOA1 after three weeks? I also filed the G-1145

Did you put your domicil address in the U.S. as well? If you did, ask your family if they have seen a letter from  USCIS, we put my fiance's parents address and his mom told us that she received NOA1 in the U.S.! 

[Just Paul 4,595]

44 minutes ago, MNMT said:

Oh, so if you have a sponsor back in the U.S., you don't have to go back before your fiance gets visa?

Part of Domicile is filing tax returns annually.   US Citizens are required to report all worldwide income, although most foreign income is exempt from US taxes.   There is a question on the petition about the return(s) being filed and transcripts are required when filing sponsorship.   The petitioner is always a sponsor regardless of having a joint sponsor.   There is a presumption that you are going to be employed in the US prior to immigrant arriving.  While this can be offset with a co-sponsor, the fact the petitioner is not employed can weigh into the "totality of the circumstances"  that is being considered if the beneficiary becomes a public charge.  After all the fiance will most likely not be working for 7 to 10 months after getting married.

 

38 minutes ago, jackjohn said:

I put my correspondence address as an overseas address. Would this be why I have not received NOA1 after three weeks? I also filed the G-1145

 

US addresses should be used for all correspondence.   If an RFIE/RFE is issued you only have a limited time to respond.

 

G-1145 is only used for initial notification and has to be a domestic phone number.  If only an email was provided then you should get that initial notification but nothing further.

[Greenbaum 12,259]

Couple of points to consider.

 

1. The petitioner's income taxes are required to be up to date even if they have been living overseas to successfully interview.
2. The NOA1 will only be sent to a US address.
3. The G-1145 E-Notification of Application/Petition Acceptance, can't be depended on. Some receive it and others do not. It's haphazard who does and who doesn't receive the email.
4. It takes up to 30-45 days to receive the NOA1.

Here is an article speaking of how to handle the domicile question: https://www.visatutor.com/k-1-visa-i-134-domicile-requirements/

 

There are other sources that speak to this issue. Become educated before you get bit in the rear end. Use google to search on this topic. Good luck and stay engaged.