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M plus D

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  1. I think personally that you are the one who is failing to take context into account. The OP posted originally in an Adjustment of Status subforum. The procedures discussed there are mainly concerning USCIS, as USCIS processes adjustment of status. And therefore, when an Affidavit of Support is mentioned there, the natural presumption is that it would be handled by USCIS. OP then mentioned also "Visa", "Family Visa", and "Visa Denial". Firstly, a fiancé(e) visa is not a family visa. Secondly, when you are adjusting status from K-1, your visa has already been approved and used. So how can someone be afraid to have their visa denied during Adjustment of Status? Naturally, at the time, the question thus was: is OP accidentally posting about a Visa process in a subforum about Adjustment of Status OR are they using wrong terms and and are actually in Adjustment of Status? Hence my trying to pinpoint where the confusion stems from. Because there is no point in helping without clarity. Now the posts have been merged. However, both posts were actually in the wrong subforum still, as the post is not regarding an IR-1 / CR-1 spousal visa.
  2. Before the topics were merged, the one I replied to was in the K-1 AOS subforum. So I hope you can see it was contradictory.
  3. Currently, all i-129f petitions are processed in the California Service Center. The only exception is that i-129f filed by a petitioner that has AWA-related history, will be transferred to Vermont Service Center. In the past, it was California, Texas, and Vermont. Vermont had stopped processing i-129f first, and later Texas also stopped processing them. The list you linked is for immigrant petitions, whereas i-129f is technically a non-immigrant petition. Also note that the page was published in 2018. A lot has changed since then, so it is good to double-check using more recent sources.
  4. Note that there is currently a significant slowdown in the processing of i-129f. The amount of petitions processed in September 2024 are not even a third of those processed in May 2024. This is according to websites that analyze data from USCIS API. Why is this happening, you ask? Of course we cannot know for sure. We do know that the adjucating service centre in California (CSC) has recently moved (source). This could be cause for a temporary slowdown. This same service centre has allegedly laid off around 400 workers. However, sources are scarce and differ on how many people were laid off, what their work entailed, and if they are being replaced or not. Finally, we know USCIS needed to be within a certain average processing time in order to increase their fees. Now that the fees are increased, perhaps this removed incentive to keep up the same processing times.
  5. I am a bit confused, perhaps you can clarify. You claim that USCIS allowed your application to progress due to the Joint Sponsor. So to me that would mean you already have submitted their i-864 with all required evidence, and that USCIS has accepted it. Is that correct? Now, you also say that you need "updated" tax documents. You should not need to update i-864 every time new tax documents become available. Can you explain the reason behind wanting to update the tax documents? I also see that you talk about "Visa", "AOS", "interview for Family Visa". Where are you exactly in what process? Are you having a Visa Interview or AOS interview? AOS is not a Visa, so this is confusing to me. Are you arriving or did you arrive on a "relative" visa or fiancé(e) visa?
  6. A lot of companies have automated retries for credit-cards, I presume that that is what you experienced, but I do admit that the timing of just a minute after your response is fast. However, OP's picture for example clearly states that the bank won't let the purchase through unless tried again. Regardless, USCIS, sadly, doesn't retry credit cards (source). And I've not seen personally anybody experience USCIS payment going through after an initially declined credit card payment.
  7. That is correct, like @OldUser has already pointed out. Part 1, Question 27 would be "Out of Status", because you are currently no longer in status. That is also correct, you must answer "Yes" to Question 17 in Part 8. You have overstayed your i-94, so you have violated the terms and conditions of your non-immigrant status. You can do this if you want. Always be honest and truthful with whatever you want to note. Marrying your petitioner within 90 days grants you the ability to file for Adjustment of Status. These are separate terms from overstaying. But overstaying is still very much a violation of terms that apply to those who arrived on K-1. Keep in mind that overstay is very, very likely to be forgiven for you, as the spouse of a United States Citizen. There have been people who arrived on K-1 and didn't adjust for years and their overstay was forgiven. I have never read about a K-1 AOS being denied due to overstay. This ability is also mentioned in the USCIS policy manual (source).
  8. This happened to you with USCIS? I ask because USCIS doesn't retry credit cards when declined, per their own information (source). And if declined, a card would have to be retried when the user removed the fraud flag.
  9. If there were any reasons to reject the application, they would not have tried to charge the credit-card. They only charge fees when they deem the application acceptable. So it is actually the other way around: the payment is processed last. Of course you can still get a Request for Evidence later on, but that's is very different from the case being rejected fully.
  10. Yes, you are allowed to hand-write answers, and indeed only with a black pen. You can find all filing tips on the USCIS website: Tips for Filing Forms by Mail | USCIS
  11. A personal check is fine. Be sure to follow payment instructions for checks on the USCIS page: Filing Fees | USCIS There is no need to add a cover letter explaining a previous rejection due to payment, don't worry. So, a little bit about how rejections work: They do scan your entire application and give it a case number. Once they find that it is not acceptable, they reject it. You get sent back the packet , and they will add to it a green slip and explanation about why it was rejected. They prefer that you wait for the rejected packet, because then you can see their exact instructions regarding what needs to be fixed. Also, you would then add the green slip ontop of the fixed packet when you send it back. Once they accept it, you retain the Case Number. Does that matter much? Not at all. The Case Number retention does very little, and your NOA1 date will still be the date they received the fixed packet, not when they received the rejected packet. So if you truly know what went wrong, you might as well send a new one ASAP.
  12. How long it takes to get your packet back, can vary wildly. Resending the application before receiving the rejected one has no downsides, since you already know what you need to fix. I'd recommend using a check for payment. They are only withdrawn from your account when they are cashed, and USCIS tries to cash them a second time if they are not able to the first. Credit Cards on the other hand tend to get denied and USCIS does not try to charge it again. Money Orders are prepaid, so they cannot bounce, but you are out of the money immediately. In most cases, that isn't an issue. However, if your packet is rejected for a different reason and sent back and lost in the mail, which can happen, you will might have a huge hassle trying to get the money from the Money Orders back.
  13. This is the right answer. To claim that what the SSA told OP was correct, is a simplification bordering falsehood. The SSA was wrong. But it is indeed the far more superior option to apply before marrying if you are planning to change your name. They should try a different office or stand their ground regarding their elligibility. Otherwise, the work-around might be to apply with the previous name that is on Passport, Birth ertificate, and i-94. Once you receive your card, immediately go to the SSA with the marriage certificate and other required documents for the name-change. If you are still within status, the SSA must process the name change. If you are out-of-status, you cannot change it until EAD/GC. See SSA instructions (source) : It's convoluted that some SSA's won't process the name change with the initial application, but alas.
  14. Just to simplify: you are allowed to file i-485 and i-765 together. Think of the USD$ 260 price being for two type of filing: Filing with a pending AOS Filing together with AOS, which counts as filing with a pending AOS You can see in the instructions of i-765 you are allowed to file this specific (c)(9) category together with i-485, and the category decides the price:
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