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Everything posted by hplusj
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It's not quite accurate (hyperbole aside of course, but let's not worry too much about the aliens). Perhaps it's true of best friends since that's not a relative, but there is an expedite process in the event that a loved one passes or is close to it. I too am foregoing the AP and it's a bit worrisome, considering my future father in law isn't getting any younger. However, he's still in good health and that $600 can make all the difference on getting a good jumpstart on our life together with just a bit less financial stress. Rest assured, with the proper documentation an AP can be expedited, mostly for immediate relatives who have passed or are medically validated to be in end of life.
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How much will a misdemeanor affect the interview?
hplusj replied to FilipB's topic in K-1 Fiance(e) Visa Process & Procedures
Don't try to minimize or deflect from the severity of the charge. Don't make excuses in an attempt to bypass your wrongdoing. Own it as something you did. Be factual and not emotional. Explain the circumstances, then the actions you took to rectify the charges. It also wouldn't hurt to outline a plan, if asked, for learning the driving laws in the US before getting behind the wheel here. -
Hey all, just an update: The PP did provide him with a DS-2035 without issue. I don't think the other K1 couples we spoke to, actually knew what we were talking about. But we got it. His vaccination record is marked voluntarily completed on question 2, page 2 but we do have vaccinations on the record which are classified as D, not available in country, the main one being the COVID booster Is this something we will have to locate and complete in the states, or because of question 2's answer do the D classifications get waived? Trying to figure that part out, if we're supposed to fulfill the Ds prior to filing AOS paperwork or if they'll make a RFE as part of the procedure. Thank you!
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This is so so helpful, thank you! Yes, I do meet the income requirements alone to file the AOS and EAD paperwork at the same time, claiming my sole income for the I-864 for the initial application will not be an issue (right around 40k). We will be doing so ASAP after the wedding in October, so FMLA if it's happening will not be for a while. Unfortunately it is hard to say if STD/LTD is available for my circumstances with my employer, and I reviewed my handbook and saw that they offer up to 12 weeks unpaid as per federal law for FMLA. However, I do suspect that if the AOS interview coincides with that leave, my future husband should be working to claim more than enough. We'll proceed with each update, as we do not intend to have a household income at any point that falls below requirements. I appreciate the thorough response, thank you again.
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Alrighty. We'll see what happens, I'm not getting any younger. Maybe someone can explain to me why his income would not be considered if he has a work permit at the time of interview? I don't understand that part. He'll be able to resume employment at an executive level once the permit goes through, and I'm a wage based earner. Just going to be rough I guess.
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Hi there, quick hypothetical question: For the I-864 that the sponsor submits, is that proof of income something you need at the interview, or for the initial petition? My fiance and I intend to work on getting pregnant as soon as he enters the country. The possibility that I will be on leave 9-12 months from now is a potential reality. Will this affect my ability to sponsor him, if my pay is frozen due to FMLA?
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I'm back, with a quick one! Jon's interview went great and our status on CEAC updated to Issued on Thursday, right after I poked them because the status hadn't advanced from Application Received for a few business days. However, we've received no tracking information for a DHL shipment. Any idea what their pickup schedule is? Does he just need to go the DHL pickup in Cape Town to see if it's sitting there on Monday?
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No worries, I've already spoken with a rep at our DOT after I emailed them. They said a driver's license can be done on a K1, but he'll have to renew after that expires. The cost to get it will be ten dollars each time, we're not sweating it since I want him to be mobile (and insured, for documentation on the AOS).
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Oh that's right, we were thinking of doing a driver's license for him before the EAD so that would make sense, why a SSN would make that part easier. Thanks for the clarification. I think we've got the timing right, and it's so much easier when we don't have to worry about a name change for him. For me to do it, will be so much easier. Appreciate the speedy reply!
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This could probably go into the SSN subforum but just in case, I'll post here. We are preparing for my fiance to arrive in September, and will be marrying the second week of October. His employer wants to retain him but it's been made clear to them that his position/pay needs to be suspended until he is authorized to work again. Here's the thing.. People have been very clear about K1 visas allowing individuals to apply for an EAD but that it's essentially useless to do so since it's only valid for 90 days. I.. think it's attached to the validity of the i-94 travel record, if I recall correctly, and not to the marriage date. Feel free to correct me if I'm getting this wrong. We're going in to the SSA office to get his SSN shortly after he arrives in September. We're prepared to supply evidence that he is an alien allowed to work. Allowed.. not the same as authorized, if the above is correct. So what is the point of getting the SSN early, if nobody uses it for an EAD? Why is it so essential? Even the SSA's non-citizen cheat sheet says it's not actually needed for bank accounts, etc. I assumed it would be needed with proof of a K-1 so that taxes can be filed for any work done prior to marriage but.. that does not seem to actually apply. And JUST to be clear.. if he gets his SSN, he still needs to wait until we file an I-765 and get his EAD until he can give the go ahead to his employer, yes?
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Thank you so much for the update! Can you provide how long you waited after he entered the US before going in to the SSA office, in order to see him in the SAVE-ASVI database? What was that process like, even?
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It sounds like you are concerned that the paperwork won't get to her on time prior to the interview. Please know that all of these documents (even the declaration of intent, which does not require a wet signature), can be sent electronically. I.E. you can just email them, or share them via a Google Drive/Dropbox. My fiance just printed them off on his side and put them in his case file for the interview.
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I can't speak to the process in Manila but remember that the visa validity date aligns with the date of the medical. As far as I understand it, this is why so many medical appointments require that you have your interview booked, so that it won't expire. Your fiance will have six months to enter the US from the date of the medical.
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Can I Help My Fiancé Pay the I-129F Filing Fee?
hplusj replied to luinbloo's topic in K-1 Fiance(e) Visa Process & Procedures
My fiance and I went 50/50 on the petition fee. He wired it and I handled the payment. It's not something they would track or care about. -
Thanks for coming back! Could you perhaps fill out your timeline so all users can learn from your experience?
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Super glad to help! We almost went mad during the NVC phase which was just the weirdest part so far (we were even sent a second NOA2 which was like, what), so I just want to provide people with realistic expectations because there seems to be a lot of Murphy's Law that happens at this stage. That does sound long at 102 days! I can't recall where those stats get generated from --either internally from user reporting or from the NVC site itself-- but the regional forums are great for confirming up to date information direct from the users. If you scroll down on the Forums page, you'll find the Regional Discussions in the General section. Looks like there's one for Latin/Central America/Mexico, I'm just terrible at linking things sorry 🤣 But yes, if the wait is expected to be 3+ months it would make sense to wait on the DS-160 until your case moves to Honduras, just in case. But it's alright if you do want to submit it early, it won't harm anything. You will just have to renew it if the wait is over a year. Any changes during the time from submitting the DS-160 to your interview (such as change in address or employment), can be clarified in person. By all means you can try for the case number at two weeks, see what happens! It can't hurt at all. There were periods of time where I got concerned I was sending in too many inquiries, but again, if you just check in every week and make sure you're not overlapping (as in, sending another inquiry without waiting for a response), I don't think they'll care.
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By the way OP, I followed you from the previous thread and am so glad you took the members' advice to focus on a spousal visa. As my fiance and I have done the K1 and are just about finished, we are nevertheless not looking forward to the additional costs/wait times of the AOS/green card. It is what it is. I hope the process goes smoothly for you and that you have an amazing celebration stateside! Remember, it's not the paperwork that makes the marriage, it's the love for one another. You get that paperwork done as efficiently and cost-effectively as possible, and you'll be able to truly enjoy bringing your family to the US. Good luck to you! And back to your regular programming... 😅
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Wonderful questions, and I have to say, the NVC stage can be one of the most opaque ones in our timeline. Here's a few things I would advise: You're going to have to wait on booking appointments until your case is sent to your embassy. This includes your medical, since the visa validity date is from the date of the medical and is good for six months. Most panel physicians for this reason will not entertain appointments before your case is sent to the embassy (oftentimes not before you have your visa appointment booked) to ensure your medical packet won't expire. They are usually pretty costly appointments, trust me, you don't want to do it twice. You are correct in noticing that the DS-160 can't be completed until you have your case number from NVC. I'm not sure where you saw inquiries seeing case numbers returned in two weeks: at the time we requested back in March, it was around four weeks and my understanding it's about that, maybe a bit longer now. Four weeks is probably the safe window of time. Use the inquiry form and be patient, NVC can take a few business days to reply. If the case number isn't ready, they'll let you know and you'll have to keep trying. Weekly is usually a good frequency. As to filling out the DS-160, embassies can sometimes request you wait but technically a completed one is good for twelve months. Be sure to check your regional forum to see what the average time is for cases to be sent to Tegucigalpa from NVC, so you're not jumping the gun. Above all else, try to be patient. There's a lot of ways to track USCIS cases but NVC is a bit harder. Upon getting your case number, be sure to run a CEAC immigrant visa check (yes, K1 is technically nonimmigrant but there's no invoice number so CEAC uses immigrant for us). The cases are sent every other week to embassies that request a caseload so tracking those shipments for checking CEAC makes sense. Once you see the status change to in transit, keep your eyes peeled for the packets that inform you it is time to book appointments. Again, every embassy is different so check on Honduras' operations for that one. Best of luck to you! Deep breaths, trust the process, stay strong as a couple, and start organizing your documentation for your interview. You got this! Oh, and one last thing: do not book any flights or make any concrete wedding plans yet. You could still be thrown curveballs and see delays beyond what the average K1 wait times are for your embassy. I know we were thrown some, the average time to Johannesburg from NVC is/was about 5 weeks. We waited four months.
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Where'd the police clearance go?
hplusj replied to hplusj's topic in K-1 Fiance(e) Visa Process & Procedures
See update. -
Where'd the police clearance go?
hplusj replied to hplusj's topic in K-1 Fiance(e) Visa Process & Procedures
...do you think they threw it out? I was going to have him call the doctor's office tomorrow just to check! It would probably take a handful of weeks to get another, and set us back 10,000ZAR to do so. UPDATE: it was seated in his scanner. Crisis averted. -
Hey all, quick question. My fiance and I are working on assembly of docs for the interview on Thursday and he noticed his police clearance isn't with him. He said he took it to the medical and is concerned that they might've thrown it away or "stolen" it, and I'm trying to provide some reassurance here. What is the likelihood that it's just in the sealed packet?