apnzz
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Everything posted by apnzz
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K1 two year meeting requirement waiver?
apnzz replied to yetanotherfaery's topic in K-1 Fiance(e) Visa Process & Procedures
Why can't he come and visit you instead? Unless you have tried a tourist visa and been denied, that is a viable option. Ties to home country are the most important thing with tourist visa applications. So unless he had no ties, there's no way to know he'd be denied. Also not sure how having kids would stop you from visiting a different country on a vacation to meet the foreigner. These are questions USCIS will consider in deciding the waiver outcome and these reasons alone won't suffice for a waiver for the k1. -
That sounds like such a lovely plan! I have a trip to see my fiance on saturday!! so so excited!! our plan is, that my visit will be until just after thanksgiving, and then come back for interview. I'm currently waiting for my NVC case number so probably before thanksgiving I'll potentially have my case in transit or ready haha. praying I'll have everything figured out and get my visa before christmas but we will wait and see lol!
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The 60 days they refer to is 60 days from the point of which your case status updates from "case was sent to the Department of State". Because USCIS hasn't sent it yet. This is because USCIS is currently stating that it can take "up to 90 days for an approved i-129f case to be sent to the Department of State"; whereas the actual i-797 states 30 days; this isn't always accurate. (you can call or use the EMMA chat to contact USCIS and ask what the current times are and to see whether they have changed) So unless your case status has updated as "case was sent to the department of state" NVC won't have it and there isn't really much point in submitting inquiries to them because the case is still with USCIS. On average the wait from noa2 approval to "case was sent to the department of state" is around 6-8 weeks currently. & until that case status update, the case remains in USCIS possession. NVC can't do anything. For me: Case Approved; 23rd August Case was sent to the Department of State: 07th October 2024. (Took 6 weeks and 3 days)
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Like Boiler said, there can always potentially be delays. Lately there has been an overall decrease in USCIS production and imo the end of the year coming up, it's not likely to speed up much due to the holidays etc. So naturally estimations may not be as accurate as they may have been before. The wait times are increasing again. For me, it said I'd hear back May 25th to June 21st. When I actually got approved: August 23rd. So just under 6 months. As T.B explained, the noa2 validity can be extended too. But even without extensions there will still be - most likely - several months between noa2 approval and your actual interview as there are several stages between USCIS approval and visa in hand. Additionally the visa will be valid for 6 months from the date of your medical exam so that can provide additional leeway if required. Hope you guys get it figured out; so sorry he is going through that, it's never nice to see but I'm sure he will get it figured out in no time! Good luck!
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RFE - Timeline
apnzz replied to Morgan Tooke's topic in K-1 Fiance(e) Visa Case Filing and Progress Reports
I would still be cautious with this and just consider the very real possibility that you don't. Some people wait several months even after a request for initial evidence has been received. With these processes it's best to try not to have too many expectations in regard to hearing back and time frames. Good luck! -
Yes - every document you provide would have to be in English or you should obtain an English translation to bring alongside original ones. IMHO familial ties aren't the strongest/best form of ties, but examples could potentially be: Birth certificates of spouses or dependents Marriage certificate if you are married Next ones are kinda subjective because people can lie so I wouldn't place too much importance on them photos showing sincere/genuine connection with friends and family signed letters from friends and family indicating a close bond Some people have used proof of elderly or sick relatives in some situations to suggest they're going back to their country to see said relatives again Community ties could be anything from proof that you are a member of a community or organisation, that you're integral to said community, student I.D or other I.D, some situations people are political or other figures and that can be used, but less common of course. Regardless, the strongest form of ties are most commonly jobs, education, proof of ownership of housing or renting/leasing agreements, proof of children in your home country that you're coming back to etc. You're essentially trying to convince them that you not only have a life in your home country, a life you aren't giving up or leaving behind but that you're also returning to that life / leaving the country. The more ties, the better & the stronger the ties, the better. With the ESTA they may not even ask for anything, but better to be prepared than not. Personally I always have with me proof of my employment, proof of my time off being approved at my job, return flight, and proof of my rental agreement.
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Not an official list but just anything that can show she has a life in her original country e.g: tenancy/rental agreements or proof of ownership of home or mortage proof of employment to show she has a job to come back to - original employment offer or even proof that her employer has approved the time off for the visit proof of appointments can be helpful - medical etc appointments that could help support the fact she'll be coming back to attend Car / other vehicle proof of payments (if appropriate) return flight is required for ESTA familial or community ties; close / immediate relatives that the person will be coming back to educational ties; proof of enrolment in education such as university or college These are just a few examples; it is essentially any evidence and proof that she has a life in her home country and because of that, she will return. Hence why proof of employment is a major, imo, the most important one. It is essentially her job, on an ESTA, to convince and prove to the officer at security on arrival, that she has intent to(and will) go home and that she isn't going to stay in the U.S (beyond the allowed period.)
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Yes, you can visit!
apnzz replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
Oh!! I'm flying with United haha. Imagine if it was the same airline that would've been so so cool!! 😁 -
Yes, you can visit!
apnzz replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
Omg! What airline? Small word eeee!! Safe travels to you too!! -
Tourist Visa for Mother in Law from Philippines
apnzz replied to DELTAFOXTROT's topic in Tourist Visas
Not that it's exactly relevant to OP but just to set some misinformed comments: Also USCIS approval speed has absolutely nothing to do with country of beneficiary... Hypothetically - Imagine how much time it would add to the processing lengths if they opened every case to sort/divided via country. Lol. The reason it could appear that way is because the amount of i-129f beneficiary that come from the Philippines is huge. In combination with the very fast approval times seen between the end of April and now. But it isn't just Philippines based beneficiaries, in general i-129f petitions have seen short approval times in recent months, however this always changes. USCIS has slowed down and sped up a lot in 2024. All i-129f go to CSC unless the petitioner has a criminal history related to the Adam Walsh Act, then it goes to Vermont. Only other reason for i-129f to go to others is because it has been deemed outside of normal processing time and gets transfer to a different one to get processed. -
You have to wait and do it whilst she is in the U.S. on the k1 visa. Upon entry using a k1 visa, the foreigner has 90 days to marry you. After marriage, you file the I-485 adjustment of status (at this time you can also file for the EAD form I-765 - work authorisation, and AP - advanced parole form -I-131 travel document.) As for the social security number - also has to be done once she's in the U.S - before or after marriage or even after AOS approval (there's an option to have them issue it with the AoS).
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Advice on DIY vs a cheap service
apnzz replied to SmokeyWA's topic in K-1 Fiance(e) Visa Process & Procedures
This forum and other resources online are more than enough to help you through the process without any services or lawyers. Most immigration services aren't even actual lawyers anyway, and avoiding the use of a service essentially cuts out the middle man (which many people who share their experiences, often say causes more delays and mistakes anyway). Best advise in this thread is to do as much research as possible to educate yourself on every stage of the process and what to expect. We DIY'd ours and didn't know this forum existed, but finding stuff online is very easy. We got approved no issues and are now almost at the Embassy stage. This forum is immensely helpful. I'd also recommend Youtube - there is many channels on there that outline every stage very clearly and even ones that go through the process alongside you; S&Y on YT are a lovely example by searching S&Y k1 visa journey it'll pop up their channel. -
I think (correct me if I am wrong) what Boiler is stating that using assets in this process can be a bit tricky, it requires a lot more effort than it is worth - if the income alone meets the requirements, using assets is essentially just more work/effort, income is more reliable and easier. With assets, specifically property / real estate you often have to not only provide appraisal proof but supporting docs like mortgage payments etc and many people have shared experiences that this is not worth the effort you have to go to prove said assets. Whereas income is "easy" to prove. These processes they prefer income over assets such as property afaik.
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Yes, you can visit!
apnzz replied to Michele and Adam's topic in K-1 Fiance(e) Visa Process & Procedures
We are at NVC stage and we have a visit planned! UK to USA - using the ESTA. Flight: October 19th 2024 Documents I am taking with me: Copy of NOA2 - I-797 Notice of Action: Approval Notice (showing the petition was approved on August 23rd 2024) Proof of Employment: copy of initial contract showing job position, other info like salary, when position began etc. Proof of Time Off: correspondence from my boss/supervisor at my job stating that they have approved my requested time off/PTO including the date in which I am scheduled to return back to work, proving I am coming back to the UK Proof of Medical Appointments to support returning to the UK Return flight proof - ticket already booked and ready to show if requested Recent Proof of Address: to show I have a residence in the UK and that I will be returning to said residence Via mobile: bank statements and related bank info if requested Will edit/update after I have flown out! -
What SalishSea and Yareth said is correct - just because USCIS has not updated your status acknowledging the withdrawal request, does not mean it won't be withdrawn. Many people experience significant delays in this update/acknowledgement; even several months. A withdrawal request cannot be taken back after it has been submitted. Withdrawals are irrevocable.
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Hey - every k1 approval has an initial validity period of 4 months on the notice. After that, the consulate can extend them in 4 month increments for up to 1 year. They recommend bringing updated letters of intent to reaffirm that both individuals are still intending to marry. Generally it is a short amount of time to arrange everything but unfortunately that is how it is, it kinda tends to snowball after the initial approval/noa2. Thankfully the wait between each stage gives you a chance to keep up and organise. Until the interview and medical exam are booked you can't make travel arrangements for those appointments anyway, so this time can be used to familiarise yourself with the next steps and what is required, and start gathering the documents you can get - police certiciate etc. Hope that helps!
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You would have to wait for the case status to be updated as "case was sent to the department of state". Currently this is taking anywhere from 6-8 weeks on average. Some people even longer. For reference, I got approved Aug 23rd, my case was finally updated as "case was sent to the department of state" on October 7th. It took 6 weeks and 3 days. 2 weeks from the day that your case status has updated as "case was sent to the department of state" you can do the NVC public inquiry to see if they have your case. To get your case number, you would wait for case to be sent to DOS, 2 weeks later do the Public Inquiry, after that people tend to do the PI once per week until NVC to tell you they've received it, then you would be sent your case number soon after that. Essentially after the case gets sent to DOS, USCIS has no involvement, it goes to NVC then to your embassy in the beneficiary country. This will automatically be extended, but providing updated letters of intent to the beneficiary when they go to their interview is recommended. Congrats on your approval! 🎉
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Your timeline shows you filed in June, I understand the waiting is frustrating and the process, at times, makes no sense.. but that is just how things are. Petitions filed before yours, generally should get processed before yours. I'm assuming from the OP that you're using some sort of app like TMVN - which uses estimates; they aren't always accurate and isn't affiliated with USCIS - they should be viewed with a grain of salt. That's why the USCIS official estimations state up to 10 months currently. Some get lucky, some don't. I know first hand how frustrating it is; I filed 4 March 2024, I watched people in April, May and even June filers get approved before I did. I finally got my approval August 23rd. I even see people from the same filing date as me, still waiting. Over 7 months. There's no way to really know when your exact approval will be. It's hard to do, but you shouldn't compare your case to others, first hand experience of doing that and all I can say is it makes the wait more painful. Hang in there! We've all been in your position, it gets better!
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Just be prepared for a potentially longer wait. I got approved on Aug 23rd and my case only got sent to the department of state (NVC) yesterday - the 7th Oct. It took 6 and a half weeks for me. Others are waiting longer. It could be faster, but just be aware of that potential delay! After your case actually updates as "case sent to the department of state" it could be several weeks, however, after 2 weeks from the day it updates you can contact NVC by the Public Inquiry Form on their website, to inquire and see if they have received your case. People recently have said that this is also taking a little longer - around 3-5 weeks. Shortly after that, perhaps just a matter of days, they will provide your case number. Good luck!
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There's no way to know for sure obviously. I've known very close friends who did the same via the ESTA and then recently went to the US on the k1, the only thing they asked her was what she's entering on (she responded stating she is entering on the k1), then they asked her fiancé's address and when she's getting married, they then told her "welcome home". Obviously everyone is different, but as long as you have explanations for everything and you answer the questions truthfully and sufficiently there shouldn't be an issue (in theory). Most likely the questions will be directed to ensuring his intent on the k1 is that of what the k1 requires; intent to marry within the provided timeframe, checking they know address and that the relationship is real. Again, no one can know for sure, and everyone is different.