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Everything posted by MalloryCat
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Work permit
MalloryCat replied to narayan333's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
from filing date -
I-864 Answers
MalloryCat replied to maryaaaa's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
number 1 should only be 2 since your spouse gets counted in the following option automatically. the total household size would still be 3 for number 8. I am not sure if since your child is already a USC if they would be counted in number 1. or if they would be counted in number 4. -
according to USCIS the processing time for the I-131 (advanced parole) is around 11 months. Which can be similar if not longer than the I-485 processing times. the I-485 is usually dependent on the USCIS office in the state you live. If you are filing AOS in California (based on your profile) it may not be worth filing the I-131 as i've seen many people on this site from california getting interviews very quickly. you can check processing times for your specific field office here https://egov.uscis.gov/processing-times/
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while she is technically as resident because she is living here now legally she is not because she doesn't have a greencard yet. greencard = resident, no greencard = non-resident in this case you could get an ITIN for her. "Examples of individuals who need an ITIN: A resident or nonresident alien individual who can be claimed as a dependent of a U.S. citizen or resident alien on a U.S. tax return" https://www.irs.gov/taxtopics/tc857
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want to hear what others think we were one of the people who accidentally marked "spouse of US Citizen" instead of "Person admitted to the United States as a fiancé(e) or child of a fiancé(e) of a U.S. citizen (K-1/K-2 Nonimmigrant)." on the I-485. it somehow didn't get rejected for this reason. want to see if others would make up an errata sheet to fix this at the time of the interview. my first thought is yes we should
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March 2025 AOS Filers
MalloryCat replied to KStr2022's topic in Adjustment of Status Case Filing and Progress Reports
if the NBC is solely processing your case, the case number starts with MSC if it starts with IOE (which is most common) it is being processed digitally. although all cases do start and stay at the NBC until an interview is scheduled. from my understanding the case doesn't get transferred until the interview is scheduled. -
K1 NOA1 Delay?
MalloryCat replied to nrufino's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
exactly the immigration policy is long and unforgiving lol but in the end the waiting is worth it -
K1 NOA1 Delay?
MalloryCat replied to nrufino's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
processing of I-129f's has slowed down significantly USCIS doesn't process petitions in the order they are received -
I'm sorry but there is no salvaging this situation. you have every right to be hurt, disappointed, sad. But try to see it from another perspective. what if you had a best friend who was going through this? Would you be telling them to try to salvage it? probably not. you are still young, with plenty of life left to live. you deserve someone who treats you like you are the most precious thing on earth no matter what. someone who genuinely cares doesn't block you and ghost you when they get a little upset. you dodged a plethora of bullets. you would have been miserable with this person in the US. take your time to grieve, 4 years is a long time with a person, but block them and move on to better and brighter things.
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there is no uploading documents for the K1, so there is no need to login to the CEAC. K1s only use CEAC to track their status and to fill out the DS-160 everything document wise will be brought to the interview the K1-FTP is the K1 visa version of the welcome letter. but its not required to have, but it is just good to have. my husband received it in the mail almost a month after his case was already at the embassy. what you bring to the interview will be the DS-160 confirmation page and whatever documents the embassy tells you to bring
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wow.. thats crazy lol that depends on the state. I know here in michigan my husband couldn't get even a state ID card without a SSN. but check your states rules, sometimes they have a drivers license transfer thing. where if you have a license from a certain country they will accept that and give you a license for that state. for example, in Michigan, german citizens could get a michigan license if they had a valid drivers license from germany. unfortunately my husband didn't have that so we have to go through the whole drivers test process for him.
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you can get married anywhere as long as it is a legal marriage Utah has an online marriage option, this also counts, you don't have to be in the same place to use that. however, if you do the online marriage through Utah, you would have to "consummate" the marriage afterwards by meeting in person. thats all USCIS means when they say consummate lol
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realistically, you only need a lawyer if you have a difficult case, i.e a criminal background with certain crimes on your record (look up the adam walsh act, basically anything to do with that) if you don't and your case is simple. you can probably do it yourself after doing more research. you can apply for a work permit once she arrives, but it will only be good for 90 days, unless it is done along side a I-485 (this is the greencard application, and done after you get married while she is here on the K1) and yes it can take a long time for the work permit to be approved. if your fiance wants to be able to work when she arrives, i would suggest you look into the spousal visa instead of the K1. the spousal visa is far superior as your spouse would be a greencard holder (and by default be able to work) immediately once they arrive in the states on the spousal visa. she would be able to work immediately. you would get married before filing for the visa. here is where you can read about the spousal visa https://www.visajourney.com/ir1-spouse-visa-overview/
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Medical Validity
MalloryCat replied to hplusj's topic in Adjustment of Status (Green Card) from K1 and K3 Family Based Visas
if you filed the AOS paperwork before that one year, its valid until a decision is made for the AOS which you obviously did, so you should be fine from the I-693 instructions: "What if I am a K nonimmigrant visa holder and already completed an immigration medical examination abroad? If you were admitted as a: A. K-1 fiancé(e) or a K-2 child of a K-1 fiancé(e) You are not required to complete another immigration medical examination as long as you file your Form I-485 within one year of an immigration medical examination completed outside the United States" -
just be aware that the standard is that they don't tell you the number over the phone. we had the issue with USPS not delivering it for my husband. had to call the post office and speak with the post master to add my husbands name to our address, things with his name started to get delivered with no problem. so you may need to do that. we were able to go into the SSA office (we went without an appointment, but we had to wait quite awhile) and they were able to tell him the number in person. you may have to bite the bullet and take the appointment for a month out. the national number for the SSA sucks to call, cause the wait times are usually terrible, but when I called the first time to make an appointment (to actually apply for the SSN for my husband) they were able to get me an appointment for the next day. not sure if that is the number you called or if you called the office directly. but you may need to wait to submit the AOS paperwork until you get the SSN. it will either be rejected (not denied, rejected means they send you the whole packet back, which could take several weeks to receive) or you get an RFE for the number