A Few Questions from a Newbie

[yuna628 9,665]

5 minutes ago, sonnyboy0323 said:

Thank you very much for the information. Most of what you said my partner and I knew already, we're doing our best to do our due diligence, research and prepare because we both know this can be a painstaking process and a big step forward for both of us.

I was vaguely aware that it might be somehow possible for her to work while we wait for her greencard to arrive and the whole AOS process, but I'm unsure on the specifics of it, because the places I've checked (and even the USCIS site, if i'm not mistaken) don't really mention the work permission factor, just skip to AOS and the greencard.

do you know what the Work Permission filing is called and maybe a brief explanation on how it might work?

I'm in California if that helps at all. 

thanks so much.

 

How a K1 process usually works: get K1 and arrive to US. Marry as soon as possible.

You can go to the SSA before marriage and get an SSN this is very helpful. The SSN will have restrictions on it. Start planning to do other things such as adding new spouse to health insurance or bank.

When you file for AOS you will also file for an EAD (work authorization) and advanced parole (travel). The question always becomes though how long will it take the EAD to arrive before the green card and will prospective employers understand one to begin with? That is the problem we ran into ultimately and this problem will increase with longer wait times to receive it. With the long wait time growing it can certainly increase the burdens of needing to rely on savings if the spouse cannot work and that problem is compounded since you cannot get proper ID/DL without the card.

With the SSN and an EAD will make it much easier for the new spouse to obtain things like a state ID or DL. 

When you receive the green card you will need to head back to the DMV to update license/ID and the SSA to remove restrictions off the card.

[Redro 4,611]

1 minute ago, sonnyboy0323 said:

Thank you very much for the information. Most of what you said my partner and I knew already, we're doing our best to do our due diligence, research and prepare because we both know this can be a painstaking process and a big step forward for both of us.

I was vaguely aware that it might be somehow possible for her to work while we wait for her greencard to arrive and the whole AOS process, but I'm unsure on the specifics of it, because the places I've checked (and even the USCIS site, if i'm not mistaken) don't really mention the work permission factor, just skip to AOS and the greencard.

do you know what the Work Permission filing is called and maybe a brief explanation on how it might work?

I'm in California if that helps at all. 

thanks so much.

Work permission document is called EAD= employment work authorization and you file form I-765 with the I485.  The cost will be an additional $260 on top of the $1540. 
Basically, GC can take up to a year or more to be issued. EAD gives your wife the ability to work and a SSN (unless you applied for one when she enters). In preparation for the next part of your journey. I suggest you read the AOS from K1 visa for any potential pitfalls and current timelines so you know what to expect… while still reading K1 forum for updates on current processing times. Finally the Philippines forum for updates on what’s happening out of Manila… 

[sonnyboy0323 25]

Thank you everyone for your very generous help and information. We've continued on in the process and are closing in on getting everything organized to finally mail in the packet.

Quick question, so, I know I ignore the questions regarding the I-94 on the form itself since she is not currently here in the states, but do I still need to include her I-94 documents and passport/visa in my packet? or is that for her to have to bring to her interview?

thanks again.

[Crazy Cat 41,662]

58 minutes ago, sonnyboy0323 said:

Thank you everyone for your very generous help and information. We've continued on in the process and are closing in on getting everything organized to finally mail in the packet.

Quick question, so, I know I ignore the questions regarding the I-94 on the form itself since she is not currently here in the states, but do I still need to include her I-94 documents and passport/visa in my packet? or is that for her to have to bring to her interview?

thanks again.

Have you read the Visa Journey K-1 guide, tip sheet, and flowchart?  It explains what you need for the packet....and more.

 

 

 

[sonnyboy0323 25]

okay so what about, if she has been to the US before on a student work exchange program, and she was given an SSN at one point. is no longer in possession of it, but does have an old W2 that has it. should i put it where it asks for one (if any) on Page 4, Part 2, Item Number 3? or just put none?

[Crazy Cat 41,662]

2 minutes ago, sonnyboy0323 said:

okay so what about, if she has been to the US before on a student work exchange program, and she was given an SSN at one point. is no longer in possession of it, but does have an old W2 that has it. should i put it where it asks for one (if any) on Page 4, Part 2, Item Number 3? or just put none?

Social Security numbers are normally issued for life.  Yes, enter the SSN. 

Edited February 25 by Crazy Cat

[sonnyboy0323 25]

to kind of piggyback off of this, we sent our I-129F packet in a couple months back, got the NOA1 (hard copy and text message) about a week later. 

I know the wait is expected to be pretty long, that's not my question. Checking the case status on the USCIS site, it says my case was received and that the notice "describes how we will process your case" and to "Please follow the instructions in the notice" 

but the hard copy notice only says that my case has been received and is currently processing, and a few other lines of mostly irrelevant stuff. no description of process to read or instructions to follow.

i'm just curious if this is normal? i'm sure it is. i imagine these notices are mostly boilerplate, and having seen some examples of NOA1's from some others, it seems largely similar, but never hurts to ask.

thanks

[Crazy Cat 41,662]

16 minutes ago, sonnyboy0323 said:

i'm just curious if this is normal?

100% normal.  Your next communication from USCIS will be either an approval notice or a Request For Information.  Patience is the key.

[sonnyboy0323 25]

i want to start by saying, i know the process is a lot of waiting, and patience is key and all of that.

really its not so much about the wait, but about the process.

so, my fiancée is part of a few groups and chats with others going through the K1 and the like, and she's noticing there are people posting their approvals that have submitted after us and having waited a much shorter time than we have.

i'm really just curious what makes the process go faster for some and not others? it really does just seem absolutely random with no rhyme or reason.

its so strange to me that some have to possibly wait for maybe close to 2 years, and some can wait just a little over a month.

[powerpuff 6,619]

Some get faster IOs and some get slow ones or their background checks take longer. It’s like standing in line in a supermarket, some people just get lucky and are out faster than others. There are many factors. I wouldn’t compare my case to another. They can process completely differently due to possible factors I mentioned. 

[sonnyboy0323 25]

thank you very much. another question if you don't mind. we're starting to prepare documents for the interview process, my fiancée is convinced that we require a police or fbi clearance certificate for me (the petitioner) and i really see nothing in any searches that i've done that says anything of the sort. I believe she needs to bring HER form of clearance, but she's being told my those in these K1 group chats who have also been through/are going through the process, that its a requirement for me as well.

on that same vein, i'm a little annoyed that, unless i'm looking in the wrong places, that there's very little clarity on what exactly she needs to bring to the visa interview. like different sites say different things, and its confusing.

thank you for any help.

[Crazy Cat 41,662]

34 minutes ago, sonnyboy0323 said:

but she's being told my those in these K1 group chats who have also been through/are going through the process, that its a requirement for me as well.

You do not need an FBI check.  USCIS and the State Department do their own background checks. Visa Journey is the best source for immigration info....not group chats.  Challenge them to provide an official written requirement.

 

This is the pre-interview checklist for the Philippines consulate:

 

U.S. Embassy Manila, Philippines - MNL (state.gov)

Edited June 6 by Crazy Cat

[sonnyboy0323 25]

thank you as always. especially that checklist, that helps immensely.

slight mistake on my part as i've just recalled, i believe she may have been referring to the CFO requirement. with some basic searching i've done on here, nothing much about the CFO process has been said in about a year.

and what has been said, it seems like the CFO can be a major headache if you catch them on a bad day. 

given that i have no criminal record, a police or fbi clearance shouldn't be an issue to obtain, just annoyingly inconvenient given the distance i'd need to travel. just curious if anyone knows how common it might be to be asked for such a thing?