
apnzz
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Everything posted by apnzz
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Yeah like others have said.. your job here is to essentially convince a random stranger whose job it is is to scrutinise and decide if a relationship is genuine, that your relationship is real. Naturally that would require strong evidence - I'd encourage physical evidence more; proof of physical meets, time spent in person - of course people include online things, that's common, and by all means, but imho the strongest evidence is always being physically together, travelling, doing activities etc etc. Like Edward and Jaycel, we included about a half page just quickly summarising how we met - online via xbox video gaming, just because I felt like not everyone would understand, then included photographs of physical meets (several different meets), boarding passes, the typical evidence etc etc. That's essentially what the "describe the circumstances under which you met" means. They don't need an entire relationship story or timeline, just tell them how you met. At the end of the day it's your job to try and convince a sceptical stranger that your relationship is genuine and real; what you include evidence wise is down to you, but most people will include how much they feel it is necessary to do so.
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Just disclose all names used as you're supposed to & then perhaps include a short paragraph like you have here. Name change disclosure is most likely just to ensure they can carry out the relevant background checks on you. Disclosing every name you've ever had or used or gone by is the only logical way to proceed. If you feel the need to explain to them why your name was changed or the nature then write a paragraph explaining it.
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Canada has a p3 and p4 process where they have to email some documents. They have to do that then wait for the status to update as a 2nd ready status. I don't recall the specifics but I remember my Canadian friend talking to me about it. Essentially the embassy has some sort process where once its ready at embassy the beneficiary should receive an email requesting certain things, they send it to the provided email address then once the embassy confirms they have it, they get sent p4 which details instructions for the interview and once they receive 2nd ready status then they can proceed. Something along those lines. I'd suggest the k1 discord OP, it has a channel dedicated to Canada and there's a whole thread on there about the updated Canadian process including p3 and p4 steps. My friend said she emailed the embassy herself because she didn't get p3, and a few days later they sent her p3(email) and she responded with the relevant docs, they then responded the following morning and she could proceed to book interview as soon as p4 arrived. I don't recall the specifics so I am sorry! I just remember my friend saying how different Canada was to the UK (I'm UK and she's Canada)
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USCIS Lost I-129F Submission
apnzz replied to thonati's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
Unfortunately in regard to the accepting mediocrity - it's not like there's much that can be done- USCIS has always ran and processed this way, that's just how it is. Until there are means of holding organisations like that accountable there isn't much that can be done. It's not a tax funded organisation and only other elements of the government can hold it accountable in relation to these issues (unless it exceeds normal processing time and other serious issues which can be addressed via congressional aid, senator aid and other methods like ombudsman and even seeking White House assistance, but like I said, these routes are only helpful and result in action when it's serious or has exceeded a specific time frame). There's hundreds of thousands of people who go through these processes. The people who filed during covid, the ridiculous delays seen in previous years.. Yeah it's crappy they lost or misplaced or even just overlooked a document, but at the end of the day it happens a lot not just with USCIS but things like that happen in every organisation. Whilst it may seem straight forward to us like you wanted to previous condense and downplay, we don't know the true extent and processes of the i-129f, background checks happen and those are commonly external or with other organisations and naturally intergovernmental communications aren't instantaneous. Expecting an approval in 30 days is ignorant. You mention someone getting approved in 21 days but no one knows their case details, whether an expedite occurred, every single case is different and the only people who know the true details of the case are the petitioner and the case adjudicator. Whilst I have no specific explanation as to why cases vary so much with processing times, I can assure you the amount of people approved in extremely short periods of time are small in comparison to those who wait months. I do think you're simplifying and downplaying the process. Immigration isn't just 4 question/tick boxes and then the petition should be decided.. You can see that via statistics readily available not only via this site but on other resources on the internet. Also involving politics here, in my opinion, is completely irrelevant to the topic at hand. No president or government has made this visa process take less than 30 days. Historically in general it takes months from start to finish - yes filers at the start of 2024 saw faster approval times, but not all of them. I was one of the ones who didn't. Let's not ignore the majority in favor of highlighting a smaller amount of fast approvals. Historically this isn't a fast process. I think sometimes perspective is needed. Look on this forum and read the huge amount of posts from people who waited 6+ months, over a year, etc etc. We should be thankful it isn't as bad as it used to be. & I agree 100% USCIS is inefficient and it's completely unfair some get approved so fast whilst others wait longer times in comparison, and that is so unfair and makes no sense, but that's how USCIS has always been for every visa type. If you think 159 days is ridiculous then you should be so thankful we aren't in the same position as the filers from before 2024. The process has never been fair or balanced. Is that an issue? Yeah, it's messed up. But things could be worse. Overall you really have downplayed the visa process. It's not as simple as asking 4 questions then boom, there's a decision. -
USCIS Lost I-129F Submission
apnzz replied to thonati's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
Unfortunately 150 days is still quite normal. Whilst there have been a lot of people approved in short times, that still isn't bigger than the amount of people who have waited 6-9 months. That's really the main issue, the unfairness and inconsistencies with the approvals, but that's how every visa category is really. Some get lucky, some don't. Try to stay positive! At least you got an RFE. Many people from before you are still waiting for any response at all. Progress is still progress and patience is key during any immigration process. I understand the frustration, I was a March filer who got skipped for months watching people who filed just a few days after me get their visa in under 100 days, be in the US and already be married before I even received NOA2. Not making excuses for USCIS at all, I think the organisation is extremely poorly managed & inefficient. They claimed moving to their new Cali office would help improve processing times and streamline the process, yet all that's happened since then is a decrease in processing and productivity, the numbers and statistics don't lie. But even when these sub 100 day approvals were happening, there were still thousands and thousands of people waiting over the 5 month mark. I know it sucks and it's ridiculous and unfair, but unfortunately it's all random and a lot of it seems to be based on luck - imo that is part of the problem. But all we can do is wait and be patient. It'll be worth it in the end. I'm just thankful I received noa2 in under 12 months. After all, this year was the first year processing times have been a lot faster and I'm happy with that because I can't imagine the pain previous year filers went through Hang in there & i am sure good news will come your way! Remember the end goal is worth the hurdles you face! 😊 -
Based on the info you have provided in your post & that she isn't too fond of the idea of being stuck in the US unable to leave for a certain period and she wants to remain in her country and working, the spousal visa process might suit you guys better than the k1. The spousal visa takes longer, but upon approval receive the green card (no adjustment of status process) meaning you can work and travel freely immediately.
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That isn't correct. Again, the notice is a generalised template. Current timeframes to get sent to DOS is 55-90 days AFTER noa2 date. The approval/noa2 date are not the same thing as when your case actually gets sent to the Department of State National Visa Centre.. You will receive an addition USCIS WAC# status update where your case will go from "Case was Approved" to "Case was sent to the department of state" and as Mallory has stated, until this status update, USCIS has your case still. You can contact NVC as much as you want, they are going to repeatedly tell you they do not have your case until at least 1 week AFTER your case status updates as "case was sent to the department of state". Since they just sent cases approved September 25 to the department of state on the 21st November, you can do the math to guess/estimate when your case will be. e.g if your case was approved in the last week of September, your case in theory could get sent today or early next week (in theory).
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Okay - so your USCIS status has told you that? Or not? If so, what date? The notice is a generalised template and doesn't actually mean they have sent your case yet. If your USCIS case tracking status appears as "case was sent to the department of state" that is when your case has actually been sent - until that occurs, USCIS still has possession of your case and NVC cannot do anything. USCIS will state it can take up to 90 days to receive this case status update and to send a case to the DOS. Currently this is taking a minimum of 55 days after noa2/approval date.
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Also isn't really clear - did you receive NOA2 7 weeks ago, or did you receive the "case was sent to the department of state" update 7 weeks ago? They aren't the same thing. Whilst the NOA2 mentions the case being forwarded to the NVC, the case isn't actually sent to the DoS NVC until the case status updates as "case was sent to the department of state" via the USCIS # tracking. These timeframes can vary and currently it's taking 55-90 days after noa2 to actually have USCIS send your case to the Department of State/NVC. Sometimes even longer, but this has been the average as of late. Regardless, you can use the Public Inquiry form on the NVC website to contact them about your case; this is only helpful after that USCIS case status updates. Also many people have implied that the "timeframes" of what NVC are working on aren't exactly accurate for k1 - we do not submit documents nor pay NVC fees and therefore the process at NVC is slightly different and usually doesn't take as long as the time frames posted - whilst there is no way to confirm this to be 100% true, many people across the facebook groups, discord and here have mentioned these time frames not appearing/being accurate. Therefore, even if you email/contact them, there's no guarantee it will result in anything. Please fill out your VJ timeline too as it would help others.
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According to your VJ timeline, you filed at the end of July. Unfortunately that is still quite short in terms of waiting for USCIS approval. Hang in there! It's never an easy process but it's worth it in the end. Just remember that patience is really the key with immigration processes. Even when USCIS approves the petition, you still have to go through the several stages after NOA2 approval and that also takes several months. My fiancé likes to say it's a marathon not a sprint 😁 Like T-Bone said, check out his thread - it really gives some perspective when you see how difficult and long the journey was in previous years. We decided anything under a year would be a blessing after reading multiple threads like the ones seen on this forum.
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My thoughts exactly - just sounds like they've just searched ways to stay in the US without staying with the petitioner and found VAWA was a thing and has tried to manipulate the situation in that direction. Either way, OP, best course of action following a restraining order is to seek divorce imho.
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That really depends, what is the situation - When did the fiancé come? Did you marry, if so; When did you marry? Did you guys file AOS? Without more specific info and more context: Generally speaking; if you married and the AOS either isn't filed or it is still pending, and an individual seeks a restraining order it, the only logical thought process is to seek divorce; you can't exactly have a bona fide marriage when one has a restraining order against the other (seems a bit illogical you mentioned he doesn't want a divorce but sought a restraining order).. so this essentially means the marriage isn't going to continue - seek a divorce attorney or pursue divorce and the foreigner would have to go home in most situations (AOS can only be successful if marriage is real and continuing as the entire basis of you having the green card is via a marriage-based process following the k1). I know some might mention VAWA but since the other post you have made discusses no violence or domestic conflicts, this isn't really applicable. If the AOS is approved and foreigner has the green card, seek divorce and afaik (unless someone corrects me if I am mistaken) foreigner can remain. Many marriages don't work out. The US citizens' financial sponsorship responsibilities (afaik) however; do not end.
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Here is a website that lists 106 potential questions. K-1 Visa Interview Questions - Herman Legal Group Generally speaking these questions will pertain to you, your fiancé (age, address, job history, name, date of birth), how you met, any previous US visits or visas held, your relationship in general, previous divorces(if applicable), children (if applicable), wedding plans. No one can really be more specific than that since every interview can be different and no one really knows what questions you will personally be asked. If your relationship is genuine and real then you won't really have anything to worry about, be honest and truthful and the questions should be easy for you to answer.
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USCIS state that approved cases can take up to 90 days to be sent to the Department of State. Until the case status updates as "case was sent to the department of state" USCIS still has possession of the case and therefore NVC will not have the case. (NVC email responses (copied and pasted/generic) state after 60 days you can contact NVC and they will "contact USCIS and investigate to locate your case" but so far across the community this doesn't actually seem to result in any action - there's been several people who share their experiences stating that they received this response from NVC saying they'll investigate but weeks pass and still no progress. Some people have even been waiting over 90 days.) After the 90 days, you can attempt to contact USCIS and see what is going on with your case as it then would fall outside of this time-frame. If USCIS' response is not helpful or provides an update; you can seek the aid of your local congressperson via the congressional inquiry form located on their website (often marked by "get help with immigration" or "get help with an organisation", but note you will want to try to attempt resolving things with USCIS before contacting a congressperson as they otherwise have a high chance of responding something along the lines of "USCIS state this can take up to 90 days, since your case has not exceeded this time frame, this is considered normal."
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I think the extent to which you're over thinking it is quite excessive. If the ACRO is clear, then just say no, you pretty much answered your own question within the reply in the thread - answering the entirety of the question, you say the answer is no, so click no. Just apply and you'll find out extremely fast whether you've been approved or not, my ESTA approval was literally instantaneous so it will be apparent very fast whether there's any issues and what the outcome is. If the outcome is refusal/ineligibility, look into b2 visa.
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Of course! I was freaking out at the time too, I was so so worried. So I contacted USCIS and asked for a new noa2 because this one I received (stating the case was sent to the listed consulate, but no consulate listed anyway) was a mistake. The response I got was that the worker made an error, they outlined and emphasised all k1 process the same. I then found a few people who experienced the same as me noa2 wise, one is already married in the US, the other has her visa. I am at embassy stage. So I know it's so easy to worry but there seems to be soo many of us going through this and it progresses normally and no issue occurs. Another friend messaged me about the same thing last week, I said it'll be okay, mine said the same, I'm about to book my interview, it'll be okay. A few days after that she had the update of "case was sent to the Department of State"! Hang in there, I know it's hard!
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Yeah you have a wait ahead of you still. Your next stage would be that your case updates as Case was sent to the Department of State. This is delayed. I'd say you have 2 ish weeks left of waiting maybe even more. The most recent cases sent to the Department of State were cases approved around Sept 9th to Sept 13th. Ignore the wording of the noa2, it is becoming a very common mistake - so many of us are receiving the wrong format noa2. But USCIS assured me that all k1 process the same: Approval -> Sent to DOS -> NVC create case and provide case number -> forward to embassy -> you book medical and interview once "ready" status. I've personally already gone through this and can assure you the wording is just an error & you will eventually get sent to DoS.
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My noa2 said the same thing "listed consulate", but after approval, ALL k1 go to NVC then the embassy. I've had several friends experience receiving the same noa2. After contacting USCIS about the noa2 wording, they told me it was a worker error and they will not send a new one and that the current one will suffice, they reiterated the next stages (nvc then embassy) and said it is fine. Waited for my case to get sent to DOS, all went fine, received by NVC, all went fine, at embassy now, all is fine. Same with my friend - she just got sent to DOS on Friday last week. When did you get your noa2? There is a huge delay between approval and being sent to DOS right now. Around 55-80 days. An example of recent cases sent to DOS were cases approved on Sept 9th sent to DOS on Nov 1st. If your noa2 is recent, I'd wait. -- my timeline: NOA2: Aug 23 Physical NOA2 (that stated our case went to the listed consulate): Sept 3rd Sent to DOS: Oct 7th Received by NVC: Oct 16th In Transit: Oct 22nd Ready at Embassy: Nov 5th ALL K1, after USCIS approval, gets sent to the Department of State National Visa Center,processed, sent to the embassy of beneficiary country.
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So you haven't been together 3 months now.. If you've been together 3 months in December that means you would've only started the relationship in September. Not to mention marrying on the first time you see each other, also being a huge red flag. I'd definitely consider spending more time together in person - physical visits, before you file for any type of visa. If you do not, it is a very real possibility that the nature of your relationship will cause issues for your visa journey. There are so many red flags here & USCIS and immigration officers will see that too.
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Case sent to Dept of State since 10/25/24
apnzz replied to Enigomlom's topic in National Visa Center (Dept of State)
Completely normal to take 1-2 weeks to arrive / get received by the NVC. -
Engagement ceremony was not a problem
apnzz replied to DBiddle's topic in K-1 Fiance(e) Visa Process & Procedures
Considering there is an immense amount of accounts from people who have first-hand experienced this happen to them, and shared their unfortunate experiences online, especially here, with others, to share and warn people from making the same errors, this statement is completely inaccurate. There are people who have been commenting here, who have been active members of this forum community for several years- some even over a decade+ and especially the moderators who see thousands of posts, and they have seen this "too-married" for a k1 situation come up countless times. I'd definitely considering researching and educating yourself in the community before claiming a statement to be true; especially when you're doing so on a community forum where you can easily find first hand examples of people being denied k1 visas specifically because they (for several reasons, one usually being doing some sort of non legal marriage celebration or ceremony before the visa process finishes) are "too-married" for a k1. It is a thing. A thing that has been seen too often. & telling people otherwise is simply spreading misinformation. Thank you to the mods & the veteran members in this thread specifically, it is a reassuring thing to know you guys have the best interest in your members' & educating people appropriately so they know the risks and have all the information relevant to not put their visa process at risk. Much love. <3 -
Same here. We just put a paragraph that essentially said we met on a gaming group chat / met through video games via xbox gaming console. Just didn't feel the need to put any evidence in from online because its not uncommon for people these days to have met online and our explanation was short, and the truth. We got approved with no issue at USCIS. We are at embassy stage now. At the interview, if I'm asked the same, I'll just respond with the same - we met in a gaming group chat then played video games together. Its so cute to see so many of us met via gaming, and to see so many successful stories too - it is very warming!
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The "once every two weeks" is referring to cases being shipped from NVC to embassy. Not from USCIS to NVC. Cases can be sent every single day from USCIS to NVC. My friend today; approved Sept 9th 2024, was sent to the Department of State today (Nov 1). Whilst the actual noa2 i-797 letter states it can take up to 30 days, upon contacting USCIS they will tell you that current time frames can vary and it can take up to 90 days for an approved case to get sent to the Department of state. Your case won't actually be sent to the Department of State, until your USCIS receipt number tracking updates from "approved" to "case was sent to the Department of State". contacting NVC before that status update is essentially pointless because USCIS has possession of your case still - not NVC. It may say 30 days on the notice, but these times are always changing and currently, according to people in the community, it's taking between 55 and 80 days to get sent to the DoS. Unfortunately, just like every else had to, its just another waiting game.